Generative AI vs. Copyright: The Fair Use Debate

Generative AI engines and large language models (LLMs) have increasingly gained traction, spurring necessary discourse about how exactly such innovations ought to coexist with the law. One particularly difficult issue is the case of intellectual property, as LLM platforms, and the methods used to "train" them, threaten the sanctity of copyright law. As policy debates over the structure of AI and copyright law continue to heat up, it's important to understand how this new technology may impact your intellectual property rights.

"Fair use" and AI training

One of the primary clashes between AI and copyright law stems from disputes regarding whether training LLM engines with copyright-protected material constitutes "fair use" of that material. Generally speaking, using a copyrighted work without the copyright owner's permission is copyright infringement. One main exception to this principle is the doctrine of fair use, which permits use of a copyrighted work without