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ARTICLE · 18 JUNE 2025

Copyright Crackdown: Is Your AI Model Breaking The Law?

Caldwell Law
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In May 2025, the U.S. Copyright Office (USCO) released a pivotal report addressing the application of the "fair use" ...

United StatesIntellectual Property
Micah Drayton
Micah Drayton
Crystel Saraie
Crystel Saraie
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In May 2025, the U.S. Copyright Office (USCO) released a pivotal report addressing the application of the "fair use" doctrine to the training of generative AI models. This report, the third in a series examining the intersection of copyright law and artificial intelligence, scrutinises whether using copyrighted materials to train AI systems qualifies as fair use under current legal standards.

What Is Fair Use and How Is It Determined?

Fair use is a legal doctrine that allows limited use of copyrighted material without the rights holder's permission, primarily for purposes such as commentary, criticism, news reporting, teaching, scholarship, or research. Whether a particular use qualifies as "fair" is determined on a case-by-case basis using a four-factor test set out in Section 107 of the U.S. Copyright Act:

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