Generative AI Debate Braces for Post-Warhol Fair Use Impact

Entertainment Partner, Sky Moore, shared his insights with Bloomberg Law regarding the impact generative AI will have on fair use. 

Excerpts:

Courts will likely give less weight to whether a generative AI output looks similar to an ingested copyrighted work, said Schuyler Moore, an entertainment attorney at Greenberg Glusker LLP. Instead, the new test will likely focus on how the output is used to compete with the original work.

“It’s the question of what you do with it,” he said. “And if you are targeting the same market, you’ve got a problem, that’s for sure.”

Resources

• Bloomberg Law