Recent judicial opinions have addressed whether training generative AI models on copyrighted material falls under fair use. The uses of such works must be judged based on factors like transformation and potential market harm. In the case of Bartz v. Anthropic, Judge William Alsup strongly supported the position that using copyrighted material for AI training is transformative and does not harm the original works' market, emphasizing that the nature of generative AI inherently creates new content.
[U]sing copyrighted works to train LLMs to generate new text was quintessentially transformative. Like any reader aspiring to be a writer, Anthropic's LLMs trained upon works not to race ahead and replicate or supplant them-but to turn a hard corner and create something different.
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