New markets, new ideas, and new creators are actually what copyright is supposed to promote, not restrict. Using copyright to lock in existing gatekeepers and massive rightsholders’ profits helps neither the public nor individual artists.

EFF argues that courts should not expand copyright protections in response to AI-related litigation. The article draws parallels with past copyright panics over videotape recorders, player pianos, and cameras, and warns against accepting a “market dilution” theory that would undermine fair use. EFF has filed amicus briefs in cases such as Concord Music Group v. Anthropic PBC and In re Mosaic LLM Litigation, and points to research suggesting large AI models are unlikely to produce infringing output, along with examples of artists using generative AI creatively. https://www.eff.org/deeplinks/2026/08/eff-courts-dont-rewrite-copyright-over-ai-hype