Will Fair Use Save AI from Copyright Infringement Liability?

Andrew Berger is an intellectual property litigator who uses his breadth of experience and creativity to protect his clients’ copyrights and trademarks from infringement. He has successfully resolved multiple IP litigations on behalf of his clients when their works were used without authorization. Many of these cases are at the cutting edge of the Internet and new technologies. Andrew also helps his clients monetize their intellectual property through licensing, joint ventures, sales and related transactions. For the last five years Andrew has been an adjunct professor of law at Cornell Law School teaching a seminar in copyright litigation. In addition, Andrew has for more than twenty-five years mediated IP cases for the Southern District Mediation Office and for parties in private mediations. Further, Andrew has successfully litigated many complex commercial matters, including on behalf of the Government of Ecuador, the Women’s Professional Tennis Association and a Channel Islands investment company. Andrew graduated from Cornell University and Cornell Law School and served as president of the Cornell Law Association, the alumni body representing the graduates of that school. Andrew has also been a leader in national intellectual property organizations. In 2014, he co-founded and then served a two-year term as the inaugural chair of the Intellectual Property Institute. Andrew and the other members of the Intellectual Property Institute are Fellows of the Litigation Counsel of America, a trial lawyer honorary society, who practice intellectual property litigation in firms across North America. The mission of the Intellectual Property Institute is to promote the peer-to-peer professional development of its members. Andrew also served for many years as trustee and member of the executive committee of the Copyright Society of the U.S.A. and as co-chair of the Copyright Subcommittee of the Intellectual Property Litigation Committee of the ABA’s Litigation Section. Andrew was named the most outstanding subcommittee chair of the Intellectual Property Litigation Committee and also won the Outstanding Service Award from the Copyright Society. He has also lectured on copyright at John Marshall Law School in Chicago, on trademark at the New School and the Zicklin School of Business at Baruch College and on intellectual property protection at the Johnson Graduate School of Management at Cornell. Andrew’s peers have selected him each year since 2012 as a New York Super Lawyer in IP litigation. He frequently writes and speaks about intellectual property topics before bar and industry groups, including the Copyright Society, the PLI Advanced Program on Copyright Law, the Cornell Entrepreneur Network, the American Conference Institute, the Federal Bar Council and the Litigation Counsel of America. He has been quoted in the Wall Street Journal and the National Law Journal about IP issues. Andrew writes an IP blog called IP In Brief commenting on trends and transformation in copyright and trademark. Over forty years ago Andrew founded the Litigators Club, a group of about twenty-five lawyers in smaller firms. Its purpose is to meet with judges and other litigators to discuss matters of common concern regarding litigation practice in the federal and state courts. The judges from the Second Circuit who have been guests of the Litigators Club include Judges Leval, Livingston, Katzmann and Justice Sotomayor, before she joined the Supreme Court. Their most recent guests were Judge Sullivan of the Second Circuit and Judge Kathleen Forrest, formerly of the Southern District. Andrew lives in in the Cobble Hill section of Brooklyn with his wife, a former federal prosecutor and their hyper-active dogs named Chloe and Duke.