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Copyright, AI Training, and Innovation

The rapid evolution and adoption of generative artificial intelligence (AI) have sparked numerous debates, ranging from the impact on employment to broader concerns about societal implications. One of the most contentious aspects is the intersection of AI and copyright law, with 39 copyright lawsuits underway against AI companies. The U.S. Copyright Office recently weighed in with a report focused on the implications of using copyrighted materials to train generative AI models. The study examines the technical processes underlying AI training as well as potential legal implications, including a fair-use assessment and the role of licensing. While the Copyright Office acknowledges the transformative potential of AI training, the report’s tentative conclusions suggest an overly cautious interpretation of fair use and a limited evaluation of the transformative aspects of developing AI models. The report’s pre-publication status leaves its policy recommendations in doubt, potentially allowing opportunities for additional research to ensure that copyright law does not unnecessarily impede technological progress

Read more from the R Street Institute here.

The views and opinions expressed are those of the author’s and do not necessarily reflect the official policy or position of C3.

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