Dr. Steven Herscovici is a Principal and Co-Leader of the Telecommunications, Media & Entertainment practice at The Brattle Group. An economist specializing in the application of economics, finance, and data analysis to litigation and other complex business issues, he has served as an expert witness in antitrust and commercial damages litigation, as well as on the value of music copyrights. Dr. Herscovici has led analyses estimating the value of copyrights in federal court, arbitration proceedings, and in front of the US Copyright Royalty Board. His work also includes designing surveys and conducting analyses to evaluate the impact of certain practices in technology industries and estimate associated damages.
Additionally, Dr. Herscovici has provided economic analyses and damages estimates in high-profile finance, environmental, and general business litigation matters across a wide range of industries, including payment cards, entertainment, financial services, travel, and utilities. He has presented economic analyses in response to civil investigations and merger reviews to the US Department of Justice, the Federal Trade Commission, the Securities and Exchange Commission, and state agencies.
The advent of generative AI brings to the forefront many novel and complex legal questions related to fair use and copyright infringement. Historically, assessing whether a particular use qualifies as fair use has been analyzed through an established economic framework. Applying the same methodology to copyright matters involving generative AI, however, presents unique challenges—primarily due to the distinct nature of the AI-generated content and the processes involved.