{"type":"rich","version":"1.0","provider_name":"Transistor","provider_url":"https://transistor.fm","author_name":"The Media Copilot","title":"AI, and copyright: How media can decide between litigation or negotiation ","html":"","width":"100%","height":180,"duration":3050,"description":"Lawsuits set public rules; contracts set private ones. A media attorney on how leverage, timing, and context decide the path.In this episode, Pete Pachal sits down with corporate and transactional attorney Jason Henderson, a streaming and licensing specialist who also happens to be a creative with real skin in the game. Jason breaks down why the popular “AI learns like humans” analogy only goes so far, how fair use really works in court, and why the future will be shaped less by courtroom theory and more by deal structures. The key parts of those deals that are often overlooked: indemnification and who actually bears the risk when things go sideways.From The New York Times and Perplexity headlines to the practical mechanics of licensing training data, this conversation gets grounded fast. Jason explains what matters most to media companies, what smaller publishers should watch, and why agentic browsing and attribution are shaping up to be the next pressure point.Why this matters: Media is facing a new kind of competition. Not always a stolen article, but a substituted experience. When AI tools summarize, synthesize, and answer in real time, the legal question is not only “Was it copied?” It is also “Does it replace the market for the original?” Jason outlines how courts evaluate that, why “transformative” is both the key term and the messiest one, and why the industry is drifting toward partnerships and licensing frameworks even as litigation continues.At the same time, the next wave is not just training bots or search bots. It is agents that behave like users and may be harder to block or even detect. The more AI becomes the interface to the web, the more urgent it becomes for publishers to understand the business and legal stakes.Key TakeawaysFair use is not a blanket shield. Courts look at purpose, transformation, and market impact, and the facts matter.Legitimate acquisition matters. Even if a use might be transformative, piracy can change the legal posture...","thumbnail_url":"https://img.transistorcdn.com/4EiFqLM4OC9vg9_Tigcvzf0FJU4e68DVprGgpAUDU4M/rs:fill:0:0:1/w:400/h:400/q:60/mb:500000/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS8zZGY3/ZTlmNDY3NDc0NjVm/NmNjMjNmZGM1ODNh/Y2JiYS5qcGc.webp","thumbnail_width":300,"thumbnail_height":300}