"While legal theories vary, the core issue in many of these cases is whether using copyrighted works to train AI is a fair use. We think that it is. Courts have long recognized that copying works for analysis, indexing, or search is a classic fair use. That principle doesn't change because a statistical model is doing the reading. AI training is a legitimate, transformative fair use, not a substitute for the original works."
"A tidal wave of copyright lawsuits against AI developers threatens beneficial uses of AI, like creative expression, legal research, and scientific advancement. How courts decide these cases will profoundly shape the future of this technology, including its capabilities, its costs, and whether its evolution will be shaped by the democratizing forces of the open market or the whims of an oligopoly."
A surge of copyright lawsuits against AI developers threatens creative expression, legal research, and scientific advancement. Court outcomes will shape AI capabilities, costs, and whether the field remains open-market driven or controlled by an oligopoly. EFF intervened in 2025 appeals to defend fair use, promote competition, and protect rights to build and benefit from AI. Rightsholders pursued control through state AI laws and technical standards that affect the web. Courts have long treated copying for analysis, indexing, or search as fair use, and AI training functions as a legitimate, transformative fair use rather than a substitute for original works. Overbroad licensing risks entrenching Big Tech and undermining researchers and small creators.
Read at Electronic Frontier Foundation
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