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Brandon Butler

@bb.usefairuse.com
990 followers 561 following 1.3K posts

Copyright lawyer at Jaszi Butler PLLC, Exec Director @recreatecoalition.bsky.social, dad. Press inquiries: press@recreatecoalition.com.

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Brandon Butler @bb.usefairuse.com · 3h
Bad Hostage is one of my favorite client projects. It's as smart, empathetic, and no-bullshit as the main character, a single mother who was taken hostage by a couple of desperate hippies but realized the police were a bigger threat to her life. youtu.be/xRxcuhbIigo...
youtube.com
Bad Hostage | Documentary Short | Switchboard Shorts (2026)
After my grandmother was held hostage, she shocked her small town b...
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Brandon Butler @bb.usefairuse.com · 20h
If the 3rd Circuit followed Judge Bibas in Ross, then they got a couple of key things very wrong. I wrote about Judge Bibas' terrible district court opinion at the time - published in Law360 but unpaywalled here thanks to their generous author agreement: recreatecoalition.org/2-errors-li...
recreatecoalition.org
2 Errors Limit The Potential Influence Of AI Fair Use Case - Re:Create
As seen in Law360. The first big artificial intelligence fair use legal opinion is out,[1] and it was a surprising loss for AI developer ROSS Intelligence,[2] whose AI training was found to infringe copyrights held by Thomson Reuters,[3] owner of legal publisher Westlaw. Attorneys and others who care about fair use and emerging technology have […]
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Brandon Butler @bb.usefairuse.com · 22h
Obviously, it’s quite difficult to opine on an opinion that hasn’t been published. But the news today that @ROSSIntel has lost its appeal in the third circuit does leave room for a couple of general observations regardless of the details.
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Brandon Butler @bb.usefairuse.com · 29/09/2026
Over 300 news execs are flying to DC today to tell Congress to kneecap anonymous tools that reporters need to hold powerful people (like big news publishers) accountable. They're pushing the Stealth Bot Prohibition Act to get an AI windfall, even if it makes crucial journalism about the web illegal.
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Re:Create Coalition @recreatecoalition.bsky.social · 28/09/2026
Today, Re:Create Executive Director @bb.usefairuse.com sent a letter to Senate Leadership outlining key concerns regarding H.R. 10204. Read the full letter here:
recreatecoalition.org
Re:Create Raises Concerns in Letter about H.R. 10204 - Re:Create
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Brandon Butler @bb.usefairuse.com · 25/09/2026
When Chairman Issa's siteblocking bill dropped with a thud last week, Big Content was eerily quiet about it. Turns out it wasn't draconian enough for them - they wanted a bill with even less protection for the public, and here it is: the "DEFEND IP Act." NOPE.
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Brandon Butler @bb.usefairuse.com · 24/09/2026
OpenAI’s attorneys dropped a bombshell brief yesterday informing the court that the allegedly neutral scientific study of market effects submitted by the plaintiffs in their class action suit had actually been funded by the plaintiffs’ law firm, Sussman Godfrey. (Link below)
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Brandon Butler @bb.usefairuse.com · 22/09/2026
A new essay from @RSI makes several crucial points about who really benefits if the @nytimes and vulture capitalists Alden Global Capital win their big lawsuit over AI training. Hint: it ain't local news. www.rstreet.org/commentary/...
rstreet.org
Local News Could Lose in The New York Times vs. OpenAI Case - R Street Institute
In a statement of interest filed recently in the case between The New York Times and OpenAI, the Department of Justice urged the court to reject the Times’ argument that training artificial intelligence (AI) models on copyrighted works is itself copyright infringement. If the court allows these broad copyright claims to proceed, there could be...
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Brandon Butler @bb.usefairuse.com · 21/09/2026
Watch these disputes: they're evidence of what we've warned about, that giving the copyright oligopolies a windfall from AI has little to do with helping actual creators. It's a gold-rush for big media and trickle-down economics for working artists. www.latimes.com/entertainme...
latimes.com
Why some musicians aren't happy about labels signing AI deals with platforms
Record labels that sued AI music companies are now licensing them. But payouts are undisclosed, lawsuits continue and musicians ask who benefits.
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Brandon Butler @bb.usefairuse.com · 21/09/2026
The action around OpenAI's case and, uh, fretting over mass extinction or whatever, might have distracted us, but the Doe v. Github AI case had a meaningful ruling last week. It's the case about MSFT Co-Pilot code-writing AI, with claims that focus on outputs.
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Authors Alliance @authorsalliance.bsky.social · 16/09/2026
Happening tomorrow! You still have time to register (see link below) and feel free to share with others on your campus.
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Andrew Selbst @aselbst.bsky.social · 16/09/2026
When I say this to my friends or law scholar colleagues who don’t focus on tech, I think they’re thinking that I’m being hyperbolic, making a bombastic declaration to make the point that I disagree with the doomers.
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Public Knowledge @publicknowledge.bsky.social · 15/09/2026
Today, Rep. Darrell Issa introduced the “American Copyright Protection Act of 2026” which would allow rightsholders to secure “blocking orders” against foreign websites accused of copyright infringement.
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Re:Create Coalition @recreatecoalition.bsky.social · 15/09/2026
Fast-tracked site-blocking bills bypass legal channels and invite copyright abuse, disrupting small businesses, nonprofits, and global internet users.
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Brandon Butler @bb.usefairuse.com · 11/09/2026
Eric Goldman has an illuminating update on the anticlimactic ending of Capitol Records v. Vimeo, a case that’s older than my children, both of whom are in high school. It’s the last case standing from the labels’ epic campaign against video platforms, and Vimeo won. But at a cost.
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Re:Create Coalition @recreatecoalition.bsky.social · 10/09/2026
Don’t miss the latest Re:Create Recap for this week’s top copyright developments: 🏛️ The DOJ’s support of fair use in NYT v. OpenAI 🔑 ARL’s new push on DMCA exemption 🌐 A new Washington Examiner op-ed by @bb.usefairuse.com on DMCA abuses ⚖️ The irony of researchers’ paper on fair use & AI training
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Brandon Butler @bb.usefairuse.com · 10/09/2026
Are you getting the Re:Create ReCap newsletter? You should be! Every two weeks we send out updates on the latest copyright law and policy news, Re:Create member org happenings, and analysis and link recs from yrs truly. Hit "Subscribe" on our homepage: recreatecoalition.org
recreatecoalition.org
Homepage - Re:Create
Innovators, creators and consumers united for balanced copyright
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Re:Create Coalition @recreatecoalition.bsky.social · 08/09/2026
"The fairest use in the history of copyright law." Re:Create’s @bb.usefairuse.com shares with @newyorker.com why Anthropic’s "Project Panama," which buys and scans obscure books for AI, is fair use: it extracts shared facts without competing against original creators.
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Brandon Butler @bb.usefairuse.com · 08/09/2026
A team of academics has attracted news coverage with claims that AI regurgitates and competes unfairly with works in its training data, theses with a conveniently tight relationship to copyright plaintiffs' legal arguments. Now a leading AI scholar says one of their papers is misleading.
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Brandon Butler @bb.usefairuse.com · 04/09/2026
Looking forward to this holiday weekend, curling up next to the pool with...a fat stack of briefs from the OpenAI case! The parties' briefs are all in, and it's a hearty stack of goodness. The Courtlistener docket is here: www.courtlistener.com/docket/6987...
courtlistener.com
In Re: OpenAI, Inc. Copyright Infringement Litigation, 1:25-md-03143 - CourtListener.com
Docket for In Re: OpenAI, Inc. Copyright Infringement Litigation, 1:25-md-03143 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.
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Re:Create Coalition @recreatecoalition.bsky.social · 03/09/2026
In a @notus.com piece, Executive Director @bb.usefairuse.com, Re:Create member @jonathanband.bsky.social, and @progresschamber.org's Adam Eisgrau discuss the DOJ’s historic fair use filing in NYT v. OpenAI and how it marks a major shift toward protecting American innovation. Read the full piece:
notus.org
‘Darn Unusual’ DOJ Filing Has the Trump Administration on a Different Path
The administration's support for OpenAI in its legal fight against The New York Times departed from historic norms and could save AI companies billions of dollars.
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Brandon Butler @bb.usefairuse.com · 03/09/2026
Rest in Power Gloria Steinem. I learned a lot about what a badass she was when we worked on Dear Ms. — check it out: youtu.be/45OJI-7K5a4
youtube.com
Dear Ms.: A Revolution in Print | Official Trailer | HBO
Ms. wasn’t just a magazine–it was a revolution. Told through the le...
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Re:Create Coalition @recreatecoalition.bsky.social · 01/09/2026
🚨🆕 Today in an op-ed for the Washington Examiner executive director @bb.usefairuse.com explains how copyright law is being weaponized to censor political coverage and why Congress must reject copyright expansion through site-blocking legislation like FADPA & the Block BEARD Act. Read the full piece⬇️
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Re:Create Coalition @recreatecoalition.bsky.social · 02/09/2026
👏Big moment for fair use Re:Create Executive Director @bb.usefairuse.com welcomed the DOJ’s filing in NYT v. OpenAI, reinforcing that training AI models on public data is protected by copyright law’s fair use doctrine. Read the full statement: recreatecoalition.org/press_releas...
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Brandon Butler @bb.usefairuse.com · 03/09/2026
Had a great conversation with @BenMause for NOTUS about the DOJ's excellent brief in the OpenAI lawsuit. Good bits here from @AdamEisgrau, Jonathan Band, and others, as well. www.notus.org/courts/trum...
notus.org
‘Darn Unusual’ DOJ Filing Has the Trump Administration on a Different Path
The administration's support for OpenAI in its legal fight against The New York Times departed from historic norms and could save AI companies billions of dollars.
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Brandon Butler @bb.usefairuse.com · 02/09/2026
Remember, these guys can say anything they want about existential threats to their business when they're filing copyright complaints and testifying in Congress, but they have to tell investors the actual state of their business, which is doing just fine. www.riaa.com/news/riaa-r...
riaa.com
RIAA Reports $6 Billion In Mid-Year Recorded Music Revenue, With Growth Across Every Major Category - RIAA
6.9% Growth Outpaces US Inflation as Streaming, Physical and Sync Revenues Rise Paid Subscriptions Generate $3.4 Billion in First Half of 2026 The Recording Industry Association of America® (RIAA) today announced that US recorded music revenues for the first half of 2026 were up 6.9% from the first half of 2025 and outpaced inflation, with... Read More »
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Re:Create Coalition @recreatecoalition.bsky.social · 01/09/2026
🗣️How will ongoing copyright battles shape how startups train AI models? Join Re:Create member @engineorg.bsky.social on Sept 16 (12–1 PM ET) for a virtual panel featuring Re:Create's @bb.usefairuse.com, @runwayml.bsky.social’s Evan Engstrom, @eff.org’s Corynne McSherry, and Engine’s Jill Crosby.
engine.quorum.us
Engine Advocacy
Engine Advocacy
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Brandon Butler @bb.usefairuse.com · 27/08/2026
If you're celebrating Dolly Parton's incredible life and career by sharing clips of her songs, interviews, movies, and TV appearances on social media, congratulations: you're relying on fair use! As a guitar player, I loved this one: www.instagram.com/reels/DcfQy...
instagram.com
Country Music (@countrymusic) • Instagram reel
12K likes, 54 comments - countrymusic on August 25, 2026: "Dolly Parton somehow made playing guitar with long acrylic nails look completely effortless. Using open tunings and her own unique technique, Dolly found a way to work around those iconic nails without sacrificing her musicianship. It’s just another reminder of how incredibly talented and completely one of a kind she truly was. A country music legend forever. RIP Dolly Parton. ❤️".
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Brandon Butler @bb.usefairuse.com · 26/08/2026
We're excited to launch this new campaign to help folks understand how fair use is the secret superpower that enables so much of the most important creative, informative, and innovative work (and play!) that Americans do every day.
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Brandon Butler @bb.usefairuse.com · 26/08/2026
As time marches on, we get more and more unintended (one assumes) consequences of the DMCA's short-sighted ban on cracking digital locks on *media we own.* The latest is the rule's absurd impact on libraries and others who must bypass DRM to make *legally required* accessibility accommodations.
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Re:Create Coalition @recreatecoalition.bsky.social · 26/08/2026
Research and AI development rely on the exact same fair use principles. Protecting public-interest research means protecting the framework behind it. More from Exec Director @bb.usefairuse.com ⬇️
recreatecoalition.org
Without Fair Use, Research on AI’s Market Impact Would Trigger Up To $2 Billion in Liability - Re:Create
If you’re following the AI copyright wars, you may have run across a recent study on the impact of AI use on the market for self-published books. Analyzing a sample of 14,419 ebooks, the authors exami...
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Brandon Butler @bb.usefairuse.com · 25/08/2026
$2 Billion Dollars. If not for fair use, that'd be the potential copyright liability triggered by the methods used in a recent paper on market effects of AI-assisted books. Ironically, the paper is an attack on AI devs using the same methods and data. recreatecoalition.org/without-fai...
recreatecoalition.org
Without Fair Use, Research on AI’s Market Impact Would Trigger Up To $2 Billion in Liability - Re:Create
If you’re following the AI copyright wars, you may have run across a recent study on the impact of AI use on the market for self-published books. Analyzing a sample of 14,419 ebooks, the authors examine which ones include AI-generated text and how successful these AI-assisted books are in the marketplace. The authors have been […]
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Brandon Butler @bb.usefairuse.com · 22/08/2026
I'm not usually a sample snitch, but I just had to get on here for a second to say that the chorus of "Angoon" by Portugal, The Man, is a straight copy of "Smells Like Teen Spirit." Even the drums. Look out, dudes; Courtney Love will cut you.
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Brandon Butler @bb.usefairuse.com · 17/08/2026
*Someone* doesn't want Florida voters to read about one candidate's ties to data centers, so they're sending bogus copyright takedowns to Google falsely claiming the stories are infringing so that they don't show up in search results. www.wlrn.org/government-...
wlrn.org
'Absolute censorship': Someone doesn't want you to know about Michael Carbonara's data center ties
As early voting begins ahead of the Aug. 18 primary election, there has been a shadowy concerted effort that likely prevents most would-be voters from accessing articles critical of Michael Carbonara before they head to the polls. Carbonara is a Republican candidate connected to the data center industry who is running for Florida's 22nd District, which includes parts of Palm Beach and Broward counties.
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Re:Create Coalition @recreatecoalition.bsky.social · 13/08/2026
🆕New Re:Create Recap: Executive Director @bb.usefairuse.com explains why a recent "AI market dilution" paper actually undercuts its own case against fair use. Plus updates on NY's Stealth Crawler bill, CA's AB 412, and the latest in AI copyright litigation. Read more here:
mailchi.mp
ReCreate Recap August 12, 2026
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Brandon Butler @bb.usefairuse.com · 17/08/2026
This is pretty great, if you haven’t seen it. Both the history and the sentiment. ordinaryabundance.com/?ueid=490d7...
ordinaryabundance.com
Ordinary Abundance
A walk through a modern apartment, through the eyes of the people for whom everything in it was new.
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Re:Create Coalition @recreatecoalition.bsky.social · 10/08/2026
📨 Don't miss the latest Re:Create Recap! Catch analysis from Executive Director @bb.usefairuse.com plus a breakdown of this week's biggest copyright news. Subscribe here:
recreatecoalition.org
Subscribe - Re:Create
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Brandon Butler @bb.usefairuse.com · 29/07/2026
If you're not getting the Re:Create ReCap newsletter, you're missing out. It's a bi-weekly catchup on copyright policy from a balanced POV, and every issue features a note from me on a hot policy topic. This week it's the latest menace to the open web, "stealth bot" abolition bills.
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Re:Create Coalition @recreatecoalition.bsky.social · 28/07/2026
The Stealth Bot Prohibition Act is a direct threat to the open internet. Read Executive Director @bb.usefairuse.com's latest post on how this bill stifles innovation and undermines fair use by locking up public information:
recreatecoalition.org
A note from Re:Create: How So-Called “Stealth Bot” Prohibitions Put Journalists in Danger - Re:Create
If I could convince every policymaker of one essential principle, it would be that what’s good for the biggest content industry businesses is not always good for creative workers or the public. In fac...
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Brandon Butler @bb.usefairuse.com · 28/07/2026
If you want to preserve old books for public access, fund libraries. If you want to make the contents of out of print books more widely available, shorten the term of copyright. Do those two things and there is no reason to stress about destructive scanning.
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Brandon Butler @bb.usefairuse.com · 27/07/2026
For over a year the content industry has been telling us that European-style siteblocking is awesome and we should follow the EU right down the rabbit-hole to internet censorship. Our new infographic shows why that's crazy:
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Brandon Butler @bb.usefairuse.com · 27/07/2026
Check out my piece published this weekend in the @Capitol_Forum, explaining why the latest data on site-blocking abroad shows what a huge mistake it would be for the US to follow the EU down the slippery slope to internet censorship and dysfunction:
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Re:Create Coalition @recreatecoalition.bsky.social · 25/07/2026
📣In a new op-ed for The Capitol Forum, Re:Create Executive Director @bb.usefairuse.com warns that congressional site-blocking bills like FADPA will break the internet—repeating a failed approach that already proved disastrous in Europe. Read the full op-ed here: thecapitolforum.com/the-forum/th...
thecapitolforum.com
Site Blocking Would Break More Than Piracy - The Capitol Forum
Site Blocking Would Break More Than Piracy - a contribution to The Capitol Forum's Op-Ed Newsletter Series.
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Brandon Butler @bb.usefairuse.com · 25/07/2026
I saw it in normie digital 2d at Alamo Draft House and the burger was better than the movie. Can size matter this much?
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Brandon Butler @bb.usefairuse.com · 23/07/2026
The Stealth Bot Prohibition Act is the latest bill to attempt to make fair use a civil offense. Congress needs to stop waging war against the public’s right to access and use public information.
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Brandon Butler @bb.usefairuse.com · 22/07/2026
Hmmm! I’m sure it’s just a bunch of pals realizing there’s no need to be nasty to each other. www.nytimes.com/2026/07/17/...
nytimes.com
X and Music Publishers Retreat From Lawsuits
Elon Musk’s social media platform and the music companies agreed to dismiss dueling claims, from 2023 and 2026. They have not said why.
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Re:Create Coalition @recreatecoalition.bsky.social · 21/07/2026
Don't read into the Bartz v. Anthropic settlement approval. Here's why: 💡 AI training was already ruled fair use 📂 Deal ONLY covers "shadow library" data 💰 Massive statutory damages drove the deal ⚖️ Rulings like Kadrey v. Meta show it's far from over Read more from @bb.usefairuse.com :
recreatecoalition.org
Don’t Read Much Into the Proposed Settlement in Bartz v. Anthropic - Re:Create
Earlier this month, Anthropic reached a settlement agreement with a group of authors who had sued the company for using their works to train its AI models. The copyright cartel celebrated the deal, an...
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