Fair Use Week 2025: Day Five With Guest Experts Katherine Klosek and Samantha Teremi
sites.harvard.edu
I am delighted to close out the 12th Anniversary of Fair Use Week with a post from Katherine Klosek and Samantha Teremi. In this post the authors explore how today’s contractual restrictions on AI mirror the concerns libraries raised 20 years ago during the US Copyright Office Digital Millennium Copyright Act (DMCA) Section 104 study....

In this post the authors explore how today’s contractual restrictions on AI mirror the concerns libraries raised 20 years ago during the US Copyright Office Digital Millennium Copyright Act (DMCA) Section 104 study. Further, they examine the differences between copyright law – which enables access through fair use and other rights – and contracts, which can carry legal weight and intimidation tactics, such as copyright warnings.