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Is training AI on copyrighted works fair use?
Under current U.S. and international law, does training large AI models on copyrighted works without a license qualify as fair use or a related exception?
Scope
Focus on case law, statutory text, and legal commentary. Exclude speculation about future legislation and non-legal moral claims.
Definitions
Fair use: a U.S. doctrine allowing limited use of copyrighted material without permission. Generative AI: models that produce new outputs based on patterns learned from training data.
Background
Several lawsuits are testing whether AI training is transformative and whether it affects the market for the original works. The question turns on the four fair-use factors and how courts have applied them to new technologies.