Fate of AI and Fair Use Copyright Report Will Depend on Judges

Litigation Partner and author of Copyright Lately, Aaron Moss, provided insights to Bloomberg Law regarding whether using copyrighted material to train AI models qualifies as fair use. 

Excerpts: 

Even if courts don’t fully adopt the report’s approach to what’s ultimately a jury question, they may find it useful in unpacking how generative AI actually works, said Aaron Moss, a partner at Greenberg Glusker Fields Claman & Machtinger LLP.

“This is the first time that we’re collecting all of this information from all the various stakeholders,” Moss said. “If they do a good job in synthesizing that information—as I have no doubt that they will—it will at the very least serve as a road map for courts and the public just to better understand how these models actually work.”

The forthcoming report will likely synthesize the comments and provide policymakers and judges with an outline of the debates’ contours, Moss said.

Resources

• Bloomberg Law