Podcasts

Scott J. Sholder: On Generative A.I. and the Art of Copyright Litigation

New York City Bar Association · Scott J. Sholder: On Generative A.I. and the Art of Copyright Litigation

 

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Scott Sholder is a prominent New York litigator representing clients across the entertainment and media industries on copyright matters. He is currently counsel to world famous authors in a copyright class action litigation concerning the unauthorized use of literary works for generative AI “training.” He also chairs the Copyright & Literary Property Committee’s A.I. Subcommittee whose mission is to keep tabs and stay current on the latest developments at the intersection of copyright law and generative A.I.

Presented by the New York City Bar Copyright and Literary Property Committee and hosted by Theodora Fleurant and Jose Landivar, we discuss the latest developments in copyright law and artificial intelligence, discuss how taekwondo and power metal have shaped Scott’s practice, and what it takes to be a high-performing litigator in 2025.

Scott J. Sholder is co-chair of the Litigation Group at Cowan, DeBaets, Abrahams & Sheppard LLP, one of the premier law firms in media and entertainment. A frequent writer and speaker on copyright and trademark issues, Scott has been recognized by Variety as “a thought leader in the artificial intelligence space as it relates to entertainment.” He was also featured in The Hollywood Reporter’s 2024 “Power Lawyers” list.

(The views, thoughts, and opinions expressed in this podcast belong solely to the hosts and guests and do not necessarily reflect those of any organizations, employers, or affiliates they may be associated with. This podcast is for informational and entertainment purposes only and is not intended to provide legal or professional advice.) 

Selected Links from the Episode:

New York City Copyright & Literary Property Committee: https://www.nycbar.org/committees/copyright-literary-property-committee
Copyright Claims Board: https://ccb.gov/

Red Rising by Pierce Brown: https://www.amazon.com/Red-Rising-Pierce-Brown/dp/034553980X

Ghost, “Mary On A Cross”: https://open.spotify.com/track/2wBnZdVWa5jVpvYRfGU7rP?si=511c7ba7d3df4e21

Unleash the Archers,”Northwest Passagehttps://open.spotify.com/track/3Fiz4tFoVBosOUm2uMgdlL?si=8af4660100604e89

00:00 Introduction and Guest Welcome
01:22 Scott Shoulder’s Journey to Law
03:48 Music Copyright Cases
09:46 Generative AI and Copyright Law
17:29 AI’s Impact on Legal Practice
29:53 Fair Use and AI
32:50 Transformative Use in Copyright Law
34:42 Recent Influential Copyright Cases
35:48 Discovery Rule and Statute of Limitations
41:34 Advice for New Litigators
45:47 Challenges for Artists in Protecting Rights
54:10 Balancing Legal Career and Personal Interests
01:00:32 Final Thoughts on AI and Copyright