Introducing Lemley’s Law: Exploring AI Copyright Litigation Trends via Intellectual PropertyBlawg

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WardblawG is delighted to highlight the publication of a new piece on IntellectualPropertyBlawg.com regarding a new empircal observation on AI copyright litigation, called Lemley’s Law. This article dives into the evolving intersection of generative AI and copyright law, proposing a compelling analogy to Moore’s Law.

Last week, WardblawG Editor Gav A. Ward initiated a conversation on social media about Moore’s Law and its potential application to the lifespan of copyrighted material. This discussion evolved into a series of thought-provoking exchanges, culminating in a hypothesis shared in a “third-time-lucky” draft in the voice of AI Lord Denning with the help of ChatGPT : Copyright’s Practical Lifespan in a World of Accelerating Technological Progress (see Undernote 1)

Mark A. Lemley, the esteemed William H. Neukom Professor of Law at Stanford Law School and Director of the Stanford Program in Law, Science and Technology, offered an insightful remark that has now been dubbed “Lemley’s Law”:

Is Moore’s Law of copyright and generative AI that the number of AI copyright suits doubles every 18 months? — Mark A. Lemley, January 23, 2025

What is Lemley’s Law?

Lemley’s Law posits that the number of AI copyright lawsuits doubles approximately every 18 months. This projection underscores the rapid acceleration of legal disputes as generative AI continues to challenge established norms in copyright law. Coined by Gav A. Ward following Professor Lemley’s observation, Lemley’s Law offers a thought-provoking lens through which to foresee the future trajectory of copyright litigation.

Will Lemley’s Law Hold True?

Time will determine the accuracy of Lemley’s Law. As we look ahead to July 2026, January 2028, and July 2029, the law’s empirical prediction provides an opportunity for legal futurists and intellectual property enthusiasts to track trends. Interested researchers and practitioners are encouraged to engage with us via the @IPBlawg Bluesky profile or directly with Professor Lemley through his official profile.

A New Era for Copyright’s Practical Lifespan

The accompanying thesis (which itself was introduced by Ward, rather than by Lemley who contributed only the empirical observation above), Copyright’s Practical Lifespan in a World of Accelerating Technological Progress, explores the broader implications of technological advancements on copyright law. Ward and ChatGPT argue that as creative content increasingly loses relevance in shorter timeframes, existing copyright durations—often spanning life plus 70 years—must be reassessed. The thesis advocates for:

  1. A Global Perspective: Developing a unified, international copyright system reflective of our interconnected digital world.
  2. Flexible Durations: Tailoring copyright protections to align with the practical economic life of creative works.
  3. Technological Solutions: Leveraging blockchain and AI for fair, efficient copyright enforcement.

Conclusion: The Road Ahead

The emergence of Lemley’s Law invites robust dialogue on the future of copyright law in the age of generative AI. As we navigate these complex challenges, the principles outlined in Ward’s Law and the broader Gav Ward Code offer a framework for fostering innovation while upholding fairness and ethical responsibility.

For the full article on Lemley’s Law, visit Intellectual Property Blawg here.

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