Jane C. Ginsburg (Columbia U Law) has posted “AI Inputs, Fair Use and the U.S. Copyright Office Report” on SSRN. Here is the abstract:
The US has yet to produce determinative caselaw on whether inputting works to compile a generative AI system’s training data is a fair use. Judicial rulings, however, may soon emerge, as many of the multiple pending cases are reaching the stage of a judgment on the merits of the copyright owners’ infringement claims. In addition, the U.S. Copyright Office recently issuedPart 3 Generative AI Training of a report requested by Congress on Copyright and Artificial Intelligence, in which the Office extensively and rigorously examined the application of copyright law to the copying of protected works to assemble data to train generative models.