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ARTICLE · 20 MAY 2025

Copyright Office Issues Key Guidance On Fair Use In Generative AI Training

Wiley Rein
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On May 9, 2025, the U.S. Copyright Office (the Office) released the third and final report in its "Copyright and Artificial Intelligence" series, offering its most comprehensive guidance to date on one of the most contested legal questions in the AI era...

United StatesIntellectual Property
David E. Weslow
David E. Weslow
Stephanie Rigizadeh
Stephanie Rigizadeh

On May 9, 2025, the U.S. Copyright Office (the Office) released the third and final report in its "Copyright and Artificial Intelligence" series, offering its most comprehensive guidance to date on one of the most contested legal questions in the AI era: whether and to what extent the use of copyrighted works to train generative AI (GenAI) models constitutes "fair use" under U.S. copyright law. The 108-page report, Copyright and Artificial Intelligence: Part III – Generative AI Training (the Report), addresses growing concerns from creators, platforms, and developers about the boundaries of lawful AI development and signals a cautious but consequential interpretation of copyright's fair use doctrine in the context of GenAI.

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