Thursday, May 29, 2025

The Copyright Office’s Report on AI Training Material and Fair Use: Will It Stymie the U.S. AI Industry?; The Federalist Society, May 29, 2025

John Blanton Farmer  , The Federalist Society ; The Copyright Office’s Report on AI Training Material and Fair Use: Will It Stymie the U.S. AI Industry?

"Will the Trump Administration Withdraw the Report?

The Trump Administration might withdraw this report.

The Trump Administration is friendlier to the U.S. AI industry than the Biden Administration was. Shortly after taking office, it rescinded a Biden Administration executive order on the development and use of AI, which was restrictive and burdensome.

The day before the report was released, the Trump Administration fired the head of the Library of Congress, which oversees the USCO. The day after the report was issued, it fired the head of the USCO. The administration didn’t comment on whether these firings were related to the report.

The USCO may have rushed out the report to prevent the Trump Administration from meddling with it. The version released was labeled a “pre-publication version.” It’s unusual to release a non-final version.

This report is not the law. Courts will decide this fair use issue. They’ll certainly consider this report, but they aren’t bound to follow it."

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