Will Fair Use Save AI from the Copyright Infringement Liability?

Although artificial intelligence (AI) is becoming embedded in our business and personal life, it's also facing more than 20 copyright infringement litigations pending in the federal courts. The copyright holders allege the AI models have been trained by copying the holders' copyrighted works without permission or payment. The holders also allege that, in response to prompts, the AI models reproduce verbatim or substantially similar copies of the holders' copyrighted works. The AI developers rely on the defense of fair use to excuse liability.

The course, presented by Andrew Berger, Leichtman Law, will explore and evaluate the arguments the developers make to support fair use and the responses by the copyright holders to those arguments. The stakes are high for both sides. If the copyright holders are successful, courts may restrict the operations of AI models or order the destruction of those containing infringing content. If the copyright holders lose, their incentive to create, already reduced by AI, may be further diminished. The course will conclude with a prediction of a likely outcome. 

The course is intended for attorneys who counsel AI developers and copyright holders. It will provide them with the guidance they need when advising their clients on how to navigate through the issues raised by the intersection of copyright and AI.

1. Identify when and why the AI models may be infringing when inputting copyrighted content and outputting that content in response to prompts
2. Break down the purpose of fair use in copyright law and why the AI developers assert that purpose is furthered by the operation of their AI models
3. Assess the strength of the arguments the copyright holders make to rebut the defense of fair use