Send us a text

Cover Photo of David Newhoff by Sean Mekas

To learn more, please visit Mr. Newhoff's site as well as his blog, The Illusion of More.

Show Notes:

1:45 Newhoff’s background 

4:15 impetus to write Who Invented Oscar Wilde?: The Photograph at the Center of Modern American Copyright? 

6:15 SCOTUS’s Warhol decision

10:00 Sarony’s input compared with and AI users’ input

14:00 Newhoff’s comments to USCO’s NOI and Request for Comments

17:20 compulsory licensing scheme

18:50 RightsClick

25:45 USCO’s focus on how a work was created (by AI or human) versus leaving that to courts

25:55 feedback on his comments to USCO

32:00 AI copyright lawsuits in the US

36:25 liability for AI training data

40:45 Emily Gould: whether training involves making copies, EU exception for copies

43:00 whether US copyright is still fit for purpose in light of issues raised by AI

44:20 work “in the style of” 

48:40 Deborah Roberts vs Lynthia Edwards - suit over collage works

52:30 Alan Robertshaw: threshold of infringing work versus transformative work

54:50 why use AI to create artwork

56:45 NFT hype

57:35 the legacy Newhoff hopes to be creating 

58:50 Newhoff’s view of justice 

1:01:00 status of Allen v. Cooper and Allen’s pending constitutional takings claim

1:04:00 camouflage patents

1:05:20 change from allowing IP claims against states to decision that Congress does not have that authority and 11th Amendment’s restriction of individuals bringing suit against states controlled 

Please share your comments and/or questions at [email protected]

Music by Toulme.

To hear more episodes, please visit Warfare of Art and Law podcast's website.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at [email protected].

Thanks so much for listening!

© Stephanie Drawdy [2025]