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Intellectual Property

The Implications of Supreme Court Justices' Laughter

Matthew Sag
Professor Sag is an expert in copyright law and intellectual property, and a leading US 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. Born and educated in Australia, Sag clerked for Justice Paul Finn at the Australian Federal Court. He practiced law in London at Arnold & Porter, and in Silicon Valley with Skadden, Arps, Slate, Meagher & Flom. Prior to joining Emory Law in 2022, Sag taught at DePaul University and Loyola Chicago; he has also held visiting posts at Northwestern University, the University of Virginia, and the University of Melbourne. He is currently working on several theoretical contributions to copyright law in relation to AI and machine learning and a series of empirical papers using text-mining and machine learning tools to study judicial behavior. His work has been published in leading journals such as Nature, and the law reviews of the University of California, Berkeley; Georgetown; Northwestern; Notre Dame; Vanderbilt; Iowa; and William & Mary, among others. His research has been widely cited in academic works, court submissions, judicial opinions, and government reports.

Selected Publications

Discovering eBay’s Impact on Copyright Injunctions Through Empirical Evidence, 64 William & Mary Law Review (forthcoming) (with Pamela Samuelson)

The New Legal Landscape for Text Mining and Machine Learning, 66 Journal of the Copyright Society of the USA 291 (2019) 

Taking Laughter Seriously at the Supreme Court, 72 Vanderbilt Law Review 1423 (2019) (with Tonja Jacobi) 

The New Oral Argument: Justices as Advocates, 94 Notre Dame Law Review 1161 (2019) (with Tonja Jacobi) 

Defense Against the Dark Arts of Copyright Trolling, 103 Iowa Law Review 571 (2018) (with Jake Haskell)

Internet Safe Harbors and the Transformation of Copyright Law, 93 Notre Dame Law Review 499 (2017) 

Predicting Fair Use, 73 Ohio State Law Journal 47 (2012)

The Pre-History of Fair Use, 76 Brooklyn Law Review 1371 (2011)

Copyright and Copy-Reliant Technology, 103 Northwestern University Law Review 1607 (2009)

Ideology and Exceptionalism in Intellectual Property—An Empirical Study 97 California Law Review 801 (2009) (with Tonja Jacobi & Maxim Sytch)