Judge Hints Anthropic’s AI Training on Books Is Fair Use; Bloomberg Law, May 22, 2025

Annelise Levy

, Bloomberg Law; Judge Hints Anthropic’s AI Training on Books Is Fair Use

"A California federal judge is leaning toward finding Anthropic PBC violated copyright law when it made initial copies of pirated books, but that its subsequent uses to train their generative AI models qualify as fair use.

“I’m inclined to say they did violate the Copyright Act but the subsequent uses were fair use,” Judge William Alsup said Thursday during a hearing in San Francisco. “That’s kind of the way I’m leaning right now,” he said, but concluded the 90-minute hearing by clarifying that his decision isn’t final. “Sometimes I say that and change my mind."...

The first judge to rule will provide a window into how federal courts interpret the fair use argument for training generative artificial intelligence models with copyrighted materials. A decision against Anthropic could disrupt the billion-dollar business model behind many AI companies, which rely on the belief that training with unlicensed copyrighted content doesn’t violate the law."

We're All Copyright Owners. Why You Need to Care About AI and Copyright; CNET, May 19, 2025

 Katelyn Chedraoui , CNET; We're All Copyright Owners. Why You Need to Care About AI and Copyright

"Most of us don't think about copyright very often in our daily lives. But in the age of generative AI, it has quickly become one of the most important issues in the development and outputs of chatbots and image and video generators. It's something that affects all of us because we're all copyright owners and authors...

What does all of this mean for the future?

Copyright owners are in a bit of a holding pattern for now. But beyond the legal and ethical implications, copyright in the age of AI raises important questions about the value of creative work, the cost of innovation and the ways in which we need or ought to have government intervention and protections. 

There are two distinct ways to view the US's intellectual property laws, Mammen said. The first is that these laws were enacted to encourage and reward human flourishing. The other is more economically focused; the things that we're creating have value, and we want our economy to be able to recognize that value accordingly."

US Copyright Office found AI companies sometimes breach copyright. Next day its boss was fired; The Register, May 12, 2025

Simon Sherwood, The Register; US Copyright Office found AI companies sometimes breach copyright. Next day its boss was fired

"The head of the US Copyright Office has reportedly been fired, the day after agency concluded that builders of AI models use of copyrighted material went beyond existing doctrines of fair use.

The office’s opinion on fair use came in a draft of the third part of its report on copyright and artificial intelligence. The first part considered digital replicas and the second tackled whether it is possible to copyright the output of generative AI.

The office published the draft [PDF] of Part 3, which addresses the use of copyrighted works in the development of generative AI systems, on May 9th.

The draft notes that generative AI systems “draw on massive troves of data, including copyrighted works” and asks: “Do any of the acts involved require the copyright owners’ consent or compensation?”"

Trump fires Copyright Office director after report raises questions about AI training; TechCrunch, May 11, 2025

Anthony Ha , TechCrunch; Trump fires Copyright Office director after report raises questions about AI training

"As for how this ties into Musk (a Trump ally) and AI, Morelle linked to a pre-publication version of a U.S. Copyright Office report released this week that focuses on copyright and artificial intelligence. (In fact, it’s actually part three of a longer report.)

In it, the Copyright Office says that while it’s “not possible to prejudge” the outcome of individual cases, there are limitations on how much AI companies can count on “fair use” as a defense when they train their models on copyrighted content. For example, the report says research and analysis would probably be allowed.

“But making commercial use of vast troves of copyrighted works to produce expressive content that competes with them in existing markets, especially where this is accomplished through illegal access, goes beyond established fair use boundaries,” it continues.

The Copyright Office goes on to suggest that government intervention “would be premature at this time,” but it expresses hope that “licensing markets” where AI companies pay copyright holders for access to their content “should continue to develop,” adding that “alternative approaches such as extended collective licensing should be considered to address any market failure.”

AI companies including OpenAI currently face a number of lawsuits accusing them of copyright infringement, and OpenAI has also called for the U.S. government to codify a copyright strategy that gives AI companies leeway through fair use.

Musk, meanwhile, is both a co-founder of OpenAI and of a competing startup, xAI (which is merging with the former Twitter). He recently expressed support for Square founder Jack Dorsey’s call to “delete all IP law.”"

Meta lawsuit poses first big test of AI copyright battle; Financial Times, May 1, 2025

Cristina Criddle and Hannah Murphy, Financial Times; Meta lawsuit poses first big test of AI copyright battle

 "The case, which has been brought by about a dozen authors including Ta-Nehisi Coates and Richard Kadrey, is centred on the $1.4tn social media giant’s use of LibGen, a so-called shadow library of millions of books, academic articles and comics, to train its Llama AI models. The ruling will have wide-reaching implications in the fierce copyright battle between artists and AI groups and is one of several lawsuits around the world that allege technology groups are using content without permission."

Copyright alone cannot protect the future of creative work; Brookings, May 1, 2025

Mark MacCarthy , Brookings; Copyright alone cannot protect the future of creative work

"AI-generated content is nowhere near as good today as the output of skilled journalists, scriptwriters, videographers, photographers, commercial designers, and other creative workers. But the AI technology is getting there. Content producers will soon be able to use AI systems to generate at least some content that used to be generated without any AI assistance. Prompt engineers will work together with traditional content creators to guide new systems of content production. The promise of the new technology is that this output will be satisfactory and maybe even superior for a wide variety of purposes at a fraction of the cost."

Meta Faces Copyright Reckoning in Authors’ Generative AI Case; Bloomberg Law, April 30, 2025

 Isaiah Poritz, Annelise Levy, Bloomberg Law; Meta Faces Copyright Reckoning in Authors’ Generative AI Case

"The way courts will view the fair use argument for training generative artificial intelligence models with copyrighted materials will be tested Thursday in a San Francisco courtroom, when the first of dozens of such lawsuits reaches summary judgment.

Meta Platforms Inc. and a group of authors including comedian Sarah Silverman will square off before Judge Vince Chhabria, who will decide whether Meta’s use of pirated books to train its AI model Llama qualifies as fair use, or if the issue should be left to a jury."

Creators Are Losing the AI Copyright Battle. We Have to Keep Fighting (Guest Column); The Hollywood Reporter, April 16, 2025

Ed Newton-Rex ; Creators Are Losing the AI Copyright Battle. We Have to Keep Fighting (Guest Column)

"The struggle between AI companies and creatives around “training data” — or what you and I would refer to as people’s life’s work — may be the defining struggle of this generation for the media industries. AI companies want to exploit creators’ work without paying them, using it to train AI models that compete with those creators; creators and rights holders are doing everything they can to stop them."

The real argument artists should be making against AI; Vox, April 16, 2025

 Sigal Samuel, Vox; The real argument artists should be making against AI

[Paywall to access]

Why Musk and Dorsey want to ‘delete all IP law’; The Washington Post, April 15, 2025

Analysis by Gerrit De Vynck

 and 

Will Oremus

with research by 

Andrea Jiménez

 , The Washington Post; Why Musk and Dorsey want to ‘delete all IP law’

"Jack Dorsey, the co-founder of Twitter and CEO of Square, posted a cryptic and drastic demand on Elon Musk’s X over the weekend: “delete all IP law.” The post drew a quick reply from Mr. X himself: “I agree.”

Musk’s laconic response amplified Dorsey’s post to his 220 million followers and sparked a debate that drew in a cast of characters including Epic Games CEO Tim Sweeney, tech lawyer and former vice presidential candidate Nicole Shanahan, novelist Walter Kirn, evolutionary psychologist Geoffrey Miller and the technologist and early Twitter developer Evan Henshaw-Plath, a.k.a. Rabble, among others...

Serious policy idea or not, the concord between Dorsey and Musk highlights how the debate over AI and copyright law is coming to a head in Silicon Valley.

How it’s resolved will have major ramifications for the tech companies, creative people and their livelihoods and the overall AI race."

Law professors side with authors battling Meta in AI copyright case; TechCrunch, April 11, 2025

Kyle Wiggers , TechCrunch; Law professors side with authors battling Meta in AI copyright case

"A group of professors specializing in copyright law has filed an amicus brief in support of authors suing Meta for allegedly training its Llama AI models on e-books without permission.

The brief, filed on Friday in the U.S. District Court for the Northern District of California, San Francisco Division, calls Meta’s fair use defense “a breathtaking request for greater legal privileges than courts have ever granted human authors.”"

EFF Urges Third Circuit to Join the Legal Chorus: No One Owns the Law; Electronic Frontier Foundation (EFF), March 31, 2025

 CORYNNE MCSHERRY, Electronic Frontier Foundation (EFF); EFF Urges Third Circuit to Join the Legal Chorus: No One Owns the Law

"This case concerns UpCodes, a company that has created a database of building codes—like the National Electrical Code—that includes codes incorporated by reference into law. ASTM, a private organization that coordinated the development of some of those codes, insists that it retains copyright in them even after they have been adopted into law, and therefore has the right to control how the public accesses and shares them. Fortunately, neither the Constitution nor the Copyright Act support that theory. Faced with similar claims, some courts, including the Fifth Circuit Court of Appeals, have held that the codes lose copyright protection when they are incorporated into law. Others, like the D.C. Circuit Court of Appeals in a case EFF defended on behalf of Public.Resource.Org, have held that, whether or not the legal status of the standards changes once they are incorporated into law, making them fully accessible and usable online is a lawful fair use. A federal court in Pennsylvania followed the latter path in this case, finding that UpCodes’ database was a protected fair use."

Judge allows 'New York Times' copyright case against OpenAI to go forward; NPR, March 27, 2025

Bobby Allyn, NPR ; Judge allows 'New York Times' copyright case against OpenAI to go forward

"A federal judge on Wednesday rejected OpenAI's request to toss out a copyright lawsuit from The New York Times that alleges that the tech company exploited the newspaper's content without permission or payment.

In an order allowing the lawsuit to go forward, Judge Sidney Stein, of the Southern District of New York, narrowed the scope of the lawsuit but allowed the case's main copyright infringement claims to go forward.

Stein did not immediately release an opinion but promised one would come "expeditiously."

The decision is a victory for the newspaper, which has joined forces with other publishers, including The New York Daily News and the Center for Investigative Reporting, to challenge the way that OpenAI collected vast amounts of data from the web to train its popular artificial intelligence service, ChatGPT."

How to tell when AI models infringe copyright; The Washington Post, March 24, 2024

Editorial Board, The Washington Post; How to tell when AI models infringe copyright

"Fair use has been a big part of AI companies’ defense. No matter how well a plaintiff manages to argue that a given AI model infringes copyright, the AI maker can usually point to the doctrine of fair use, which requires consideration of multiple factors, including the purpose of the use (here, criticism, comment and research are favored) and the effect of the use on the marketplace. If, in using a copied work, an AI model adds “something new,” it is probably in the clear."

Should AI be treated the same way as people are when it comes to copyright law? ; The Hill, March 24, 2025

 NICHOLAS CREEL, The Hill ; Should AI be treated the same way as people are when it comes to copyright law? 

"The New York Times’s lawsuit against OpenAI and Microsoft highlights an uncomfortable contradiction in how we view creativity and learning. While the Times accuses these companies of copyright infringement for training AI on their content, this ignores a fundamental truth: AI systems learn exactly as humans do, by absorbing, synthesizing and transforming existing knowledge into something new."

The AI Copyright Battle: Why OpenAI And Google Are Pushing For Fair Use; Forbes, March 15, 2025

Virginie Berger , Forbes; The AI Copyright Battle: Why OpenAI And Google Are Pushing For Fair Use

"Furthermore, the ongoing lawsuits against AI firms could serve as a necessary correction to push the industry toward genuinely intelligent machine learning models instead of data-compression-based generators masquerading as intelligence. If legal challenges force AI firms to rethink their reliance on copyrighted content, it could spur innovation toward creating more advanced, ethically sourced AI systems...

Recommendations: Finding a Sustainable Balance

A sustainable solution must reconcile technological innovation with creators' economic interests. Policymakers should develop clear federal standards specifying fair use parameters for AI training, considering solutions such as:

• Licensing and Royalties: Transparent licensing arrangements compensating creators whose work is integral to AI datasets.
• Curated Datasets: Government or industry-managed datasets explicitly approved for AI training, ensuring fair compensation.
• Regulated Exceptions: Clear legal definitions distinguishing transformative use in AI training contexts.

These nuanced policies could encourage innovation without sacrificing creators’ rights.

The lobbying by OpenAI and Google reveals broader tensions between rapid technological growth and ethical accountability. While national security concerns warrant careful consideration, they must not justify irresponsible regulation or ethical compromises. A balanced approach, preserving innovation, protecting creators’ rights, and ensuring sustainable and ethical AI development, is critical for future global competitiveness and societal fairness."

OpenAI declares AI race “over” if training on copyrighted works isn’t fair use; Ars Technica, March 13, 2025

ASHLEY BELANGER  , Ars Technica; OpenAI declares AI race “over” if training on copyrighted works isn’t fair use

"OpenAI is hoping that Donald Trump's AI Action Plan, due out this July, will settle copyright debates by declaring AI training fair use—paving the way for AI companies' unfettered access to training data that OpenAI claims is critical to defeat China in the AI race.

Currently, courts are mulling whether AI training is fair use, as rights holders say that AI models trained on creative works threaten to replace them in markets and water down humanity's creative output overall.

OpenAI is just one AI company fighting with rights holders in several dozen lawsuits, arguing that AI transforms copyrighted works it trains on and alleging that AI outputs aren't substitutes for original works.

So far, one landmark ruling favored rights holders, with a judge declaring AI training is not fair use, as AI outputs clearly threatened to replace Thomson-Reuters' legal research firm Westlaw in the market, Wired reported. But OpenAI now appears to be looking to Trump to avoid a similar outcome in its lawsuits, including a major suit brought by The New York Times."

Hell is Clearing Permissions: Looking for Lifelines and Deliverance [5,000th post since this blog started in 2008]; IP, AI & OM, March 8, 2025

Kip Currier, IP, AI & OM; Hell is Clearing Permissions: Looking for Lifelines and Deliverance [5,000th post since this blog started in 2008]: 

Hell is Clearing Permissions: Looking for Lifelines and Deliverance

French Existentialist Jean-Paul Sartre famously opined "L'enfer, c'est les autres (Hell is other people). This post won't be weighing in on the nuances of that declaration by a character in his 1944 play Huit Clos (No Exit) -- although candidates who could easily qualify as diabolic "other people" may spring to mind for you too.

However, thinking about an array of challenging experiences I've had while working on clearing permissions for the use of images and textual material in my forthcoming textbook, Ethics, Information, and Technology, I thought of Sartre's grim observation, with a twist: Hell is clearing permissions.

I've been teaching a Copyright and Fair Use course since 2009, which expanded into an IP and Open Movements around 2015, so I'm neither new to copyright law and fair use issues nor unfamiliar with clearing permissions to use images. Graduate students in the course read Kembrew McLeod's Freedom of Expression and Pat Aufderheide and Peter Jaszi's Reclaiming Fair Use: How To Put Balance Back In Copyright, both of which deal with "permissions culture". I also have my students get familiar with permissions issues via a free comic book, Bound By Law?, composed by Duke Law School's Center for the Study of the Public Domain. The "Bound By Law?" authors, Keith Aoki, James Boyle, and Jennifer Jenkins, chronicle real-life travails faced by creators lawfully trying to exercise fair use while creating new works and balancing licensing costs. One of my favorite examples in the book is the documentary film makers who happen to capture images from an episode of The Simpsons displayed on a TV set while filming what goes on in the backstage lives of stagehands working on The Wagner Ring Cycle opera.

Yet, despite fairly significant copyright and fair use knowledge, as well as frequently participating in copyright webinars and trainings, this is the first time I've worked on clearing permissions for a book of my own. The experiences have been eye-opening to say the least. Two insights and "needs" continue to jump out at me: 

• (1) the need for more responsive, user-friendly, and expedient ways to clear permissions, and 
• (2) the need for more accessible and readily understandable information sources to aid authors in the do's and don'ts of clearing permissions.

I do need to acknowledge the many contributions that copyright and fair use scholars Pat Aufderheide and Peter Jaszi, mentioned above, have made in bringing together collaborative groups that have created "Best Practices" primers for a number of areas, such as their 2012 Code of Best Practices in Fair Use for Academic and Research Libraries.

Much more can be done, though, to help newer authors and creators, as well as seasoned pros, to navigate hurdles and potential pitfalls of securing permission to use images. Information professionals -- librarians and other staff within libraries, archives, and museums, for example -- are well-equipped and positioned to use their unique skill sets to help creators to successfully maneuver through clearing permissions-related "obstacle courses".

In future posts, I'll share insights, lessons learned, and tips on mitigating "hellish" experiences and moving from uncertain "limbo" to more clarity on image permissions.

An AI Maker Was Just Found Liable for Copyright Infringement. What Does This Portend for Content Creators and AI Makers?; The Federalist Society, February 25, 2025

  John Blanton Farmer , The Federalist Society; An AI Maker Was Just Found Liable for Copyright Infringement. What Does This Portend for Content Creators and AI Makers?

"In a case decided on February 11, the makers of generative AI (GenAI), such as ChatGPT, lost the first legal battle in the war over whether they commit copyright infringement by using the material of others as training data without permission. The case is called Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.

If other courts follow this ruling, the cost of building and selling GenAI services will dramatically increase. Such businesses are already losing money.

The ruling could also empower content creators, such as writers, to deny the use of their material to train GenAIs or to demand license fees. Some creators might be unwilling to license use of their material for training AIs due to fear that GenAI will destroy demand for their work."

Court filings show Meta paused efforts to license books for AI training; TechCrunch, February 14, 3025

Kyle Wiggers, TechCrunch; Court filings show Meta paused efforts to license books for AI training

"According to one transcript, Sy Choudhury, who leads Meta’s AI partnership initiatives, said that Meta’s outreach to various publishers was met with “very slow uptake in engagement and interest.”

“I don’t recall the entire list, but I remember we had made a long list from initially scouring the Internet of top publishers, et cetera,” Choudhury said, per the transcript, “and we didn’t get contact and feedback from — from a lot of our cold call outreaches to try to establish contact.”

Choudhury added, “There were a few, like, that did, you know, engage, but not many.”

According to the court transcripts, Meta paused certain AI-related book licensing efforts in early April 2023 after encountering “timing” and other logistical setbacks. Choudhury said some publishers, in particular fiction book publishers, turned out to not in fact have the rights to the content that Meta was considering licensing, per a transcript.

“I’d like to point out that the — in the fiction category, we quickly learned from the business development team that most of the publishers we were talking to, they themselves were representing that they did not have, actually, the rights to license the data to us,” Choudhury said. “And so it would take a long time to engage with all their authors.”"