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ARTICLE · 14 MAY 2025

Copyright Office Report On Training AI And Fair Use

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The Copyright Office released a "Pre-publication" version of Part 3 of its Report on Copyright and AI. Coincidentally (?) Shira Perlmuter, the Register of Copyrights...

United StatesIntellectual Property
James Gatto
James Gatto
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The Copyright Office released a "Pre-publication" version of Part 3 of its Report on Copyright and AI. Coincidentally (?) Shira Perlmuter, the Register of Copyrights, was fired amid a shakeup at the Copyright Office. The Report was also supposed to address infringement issues, but did not. Those issued will now be addressed in a Part 4 of the Report.

A more detailed summary will be provided, but some high level takeaways are as follows.

  1. There is no per se rule on whether training AI on copyrighted content is infringement/Fair Use. It will be a cases-by-case analysis.
  2. Each "use" of copyrighted content needs to be considered. Several stages in the development of generative AI involve using copyrighted works in different ways that implicate the owners' exclusive rights. Each needs to be considered separately. Different end uses may yield different results.

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