"The U.S. Copyright Office released its long-awaited report on generative AI training and copyright infringement on May 9, just one day after President Trump abruptly fired Librarian of Congress Carla Hayden. Within 48 hours, Register of Copyrights Shira Perlmutter was also reportedly out, after the agency rushed to publish a “pre-publication version” of its guidance — suggesting urgency, if not outright alarm, within the office.
This timing was no coincidence. “We practitioners were anticipating this report and knew it was being finalized, but its release was a surprise,” said Yelena Ambartsumian, an AI governance and IP lawyer and founder of Ambart Law. “The fact that it dropped as a pre-publication version, the day after the librarian was fired, signals to me that the Copyright Office expected its own leadership to be next.”
At the center of the report is a sharply contested issue: whether using copyrighted works to train AI models qualifies as “fair use.” And the office’s position is a bold departure from the narrative that major AI companies like OpenAI and Google have relied on in court...
The office stopped short of declaring that all AI training is infringement. Instead, it emphasized that each case must be evaluated on its specific facts — a reminder that fair use remains a flexible doctrine, not a blanket permission slip."
