29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act
Panel 6: Unanticipated Consequences of New Technologies and Practices
April 17, 2026
Event Information | Agenda | Resource(s) | Speaker Bio(s) & Contact Info
At the closing panel of the Berkeley Technology Law Journal’s 29th Annual Symposium on the 1976 Copyright Act, Professors Daniel Gervais, Matthew Sag, Rebecca Tushnet, and Jennifer Urban examined four unanticipated strains on the Act—the licensing architecture’s adequacy for generative AI, the fair use status of non-consumptive copying, the legal standing of non-commercial fan creators, and the stalled orphan works reform—concluding that voluntary licensing, conflict preemption doctrine, and a targeted Section 107 amendment each offer partial solutions, but that no single mechanism can resolve the scale, territorial, and political-economy failures that AI training has simultaneously exposed. Professors Peter Menell, Pamela Samuelson, and Molly Van Houweling followed with closing remarks.
Instructor(s)
Daniel Gervais, Professor of Law (Emeritus), Vanderbilt Law School
Matthew Sag, Professor of Law, Emory University School of Law
Rebecca Tushnet, Professor of Law, Harvard Law School
Jennifer Urban, Professor of Law, UC Berkeley School of Law
Peter Menell, Professor and Faculty Co-Director, Berkeley Center for Law and Technology, UC Berkeley School of Law
Pamela Samuelson, Professor and Faculty Co-Director, Berkeley Center for Law and Technology, UC Berkeley School of Law
Molly Van Houweling, Professor and Faculty Co-Director, Berkeley Center for Law and Technology, UC Berkeley School of Law
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