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ARTICLE · 05 DECEMBER 2024

Generative AI Is Facing Decisive Battles In War Over Fair Use

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The legality of generative artificial intelligence rests in part on copyright law, and the law's tolerance for training generative AI models with third-party works without permission could affect...

United StatesIntellectual Property
Katten Muchin Rosenman LLP
Katten Muchin Rosenman LLP
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  • Katten partner examines two court cases over AI training data
  • Copyright Office guidance will influence fair use in AI

The legality of generative artificial intelligence rests in part on copyright law, and the law's tolerance for training generative AI models with third-party works without permission could affect the overall legal viability of current technology.

Model developers argue that generative AI models need third-party copyrighted data, because the public domain and licensed data currently available is insufficient for the vast volume of data needed for training. So, the argument goes, without copyrighted data in training data sets, we wouldn't have today's or tomorrow's generative AI breakthroughs.

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