The Copyright Office’s analysis of the legality of training large language models on protected works arms creators with a detailed counter to artificial intelligence companies’ central defense in dozens of lawsuits accusing them of infringement.
The report, quietly released in pre-publication form last week in the days between President Donald Trump’s termination of two executives at the Library of Congress, embraced an expansive, untested reading of one of the four factors courts analyze when determining whether otherwise infringing copying qualifies as fair use: the effect on the market for the original copyrighted work.
“The speed and scale at ...
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