Copyright Law in the Age of AIMatthew Sag

Copyright Law Syllabus, Fall 2026

Emory University School of Law, LAW 710

EMORY LAW SCHOOL

Fall 2026

LAW 710-001

Professor

Matthew Sag ([email protected])

Office 537

I am a Professor of Law, Artificial Intelligence, Machine Learning and Data Science at Emory University School of Law. I am an expert in copyright law and intellectual property. In particular, I am a leading U.S. authority on the fair use doctrine in copyright law and its implications for researchers in the fields of text data mining, machine learning and AI. You can find out more about me on my personal website, www.matthewsag.com. You can see most of my academic writing on my SSRN page.

Classes:

Monday/Wednesday 10:35AM–12:00PM in Gambrell Hall 5C

Final Exam:

Tentatively scheduled for December 7, 2026 at 9:00AM.

Office Hours:

Wednesdays from 2:00 to 2:45. Additional office hours may be scheduled by appointment, just send me an email with the subject line "Office Hours" and let me know a few times that will work for you.

Required Materials

Matthew Sag, Copyright Law in the Age of AI, 2026 Edition, a free online textbook that will be distributed via email and also online at matthewsag.com/copyright-law-in-the-age-of-ai.

Learning Outcomes

Students in this class will become equipped with essential knowledge of the law of Copyright. This course focuses on traditional common law reasoning in a complex statutory setting. As such, students will develop or enhance their skills with respect to legal reasoning, statutory interpretation, and integrating legal and policy arguments. Students in this course will master the dark arts of making arguments based on legislative history, policy imperatives and the text of the relevant statutes.

Assessment—components:

Your final grade will be calculated based on:

Assessment—Final Exam

The final exam is a four-hour in-class exam consisting of an as yet undetermined number of multiple-choice questions and a traditional long fact question or questions. The final will address potentially all the substantive material covered throughout the semester.

There is no separate time allocation between the multiple-choice questions and the essay question.

The essay portion of the exam is subject to a word limit to be determined once I have written the exam but in the ballpark of 1500 words. My mental model for the exam is something that a very good student who is a fast typist could answer in two hours. Many of you will find four hours excessive, but the format is designed to encourage analysis and prioritization. You are welcome to leave early.

Answering the question will challenge you to integrate, synthesize and prioritize the substantive law you have mastered over the course of the semester.

The exam will be closed book.

Assessment—Class Participation:

Class participation is important and strongly recommended. I may cold-call from time to time if it seems necessary. Taking this class on a satisfactory/unsatisfactory basis does not excuse you from class participation.

Attendance:

Attendance is required for all classes. You may excuse yourself from class by notifying me by email in advance. You do not need to explain your reasons: if you tell me you have a good reason, I presume that to be the case. Please note, however, that the Student Handbook provides that if a student fails to attend at least 80% of the classes, the student has excessive absences which can result in any of the following sanctions: 1. reduction of the student's final grade; 2. denial of permission to complete coursework or sit for examinations; or 3. receipt of a grade of F (Failing), all at the discretion of the faculty member involved.

The class will be recorded on Echo ALP, available on the Canvas webpage. Watching on Echo may count as attendance in appropriate circumstances, but in general, attendance means in-person attendance.

Public Health:

Please don't come to class if there is a risk you will infect others. Coming to class visibly sick without a properly fitted N95 mask will have a negative impact on your class participation.

Class Recordings:

The class will be recorded on Echo ALP, available on the Canvas webpage. Unless you have an approved accommodation, do not record the class without my express approval. If you have an accommodation that allows you to use an AI notetaker such as Glean, please be sure to use it as a support for access rather than a substitute for learning: recording or AI-generated notes can help you capture material, but you are still responsible for actively processing, reviewing, and understanding the course content.

Class outline notes

Relationship to the textbook:

This outline is keyed to the textbook, and generally (but not always) covers one chapter per class.

Discussion questions:

The discussion questions are distributed separately. You are responsible for reviewing each question before the class it belongs to, and for committing at least a rough answer to writing beforehand. You may be called on at random to begin the discussion. Your answers are not expected to be perfect, simply a good faith effort to engage with the material.

Days when we have no class:

Monday, September 7 (Labor Day); Wednesday, September 23; Monday, October 12; Monday, October 26.

Days when we have makeup classes:

Friday, September 11.

When does class end?

Our last class is Monday, November 23, 2026, which will be a review session.

Week 1

Monday, August 17, 2026

Chapter 1. Introduction to Copyright Law

Wednesday, August 19, 2026

Chapter 2. Copyright Subject Matter and Questions of Creativity, Originality, and Intellectual Creation

Week 2

Monday, August 24, 2026

Chapter 3. Copyright in AI-Generated and AI-Assisted Works

Wednesday, August 26, 2026

Chapter 4. Idea-Expression, Functionality and Other Exclusions—Part I

Week 3

Monday, August 31, 2026

Chapter 5. Idea-Expression, Functionality and Other Exclusions—Part II

Wednesday, September 2, 2026

Chapter 6. How the Meaning of Reproduction has Changed Over Time

Chapter 7. The Reproduction Right—Part I

Two chapters this class.

Week 4

Monday, September 7, 2026 — Labor Day — no class

Wednesday, September 9, 2026

Chapter 8. The Reproduction Right — Part II

Friday, September 11, 2026

Chapter 9. Making Derivative Works

Makeup class — note that this is a Friday.

Week 5

Monday, September 14, 2026

Chapter 10. Introduction to Fair Use

Chapter 11. Transformative Use Since Campbell

Two chapters this class.

Wednesday, September 16, 2026

Chapter 12. Transformative Use and Justification after Warhol

Week 6

Monday, September 21, 2026

Chapter 13. Fair Use in Particular Contexts—Part I

Chapter 14. Fair Use in Particular Contexts—Part II

Two chapters this class.

Wednesday, September 23, 2026 — No class

Week 7

Monday, September 28, 2026

Chapter 15. Nonexpressive Use As Fair Use

Wednesday, September 30, 2026

Chapter 16. Ownership, Authorship and Transfer

Week 8

Monday, October 5, 2026

Chapter 17. The Boundaries of the Work

Wednesday, October 7, 2026

Chapter 18. Moral Rights

Week 9

Monday, October 12, 2026 — No class

Wednesday, October 14, 2026

Chapter 19. Copyright and Industrial Design

Week 10

Monday, October 19, 2026

Chapter 20. Copyright in Computer Software

Wednesday, October 21, 2026

Chapter 21. Distribution & First Sale

Week 11

Monday, October 26, 2026 — No class

Wednesday, October 28, 2026

Chapter 22. The Intersection of Copyright and State Law Rights

Week 12

Monday, November 2, 2026

Chapter 23. Public Performance, Display & Transmission

Wednesday, November 4, 2026

Chapter 24. Secondary Liability for Copyright Infringement

Week 13

Monday, November 9, 2026

Chapter 25. Internet Safe Harbors From Claims of Copyright Infringement

Wednesday, November 11, 2026

Chapter 26. Digital Rights Management, Copyright Management Information, and Web Scraping

Week 14

Monday, November 16, 2026

Chapter 27. Volitional Conduct

Wednesday, November 18, 2026

Chapter 28. Copyright Remedies and Procedure

Week 15

Monday, November 23, 2026

Review session