The assessment of the copy amount is central to fair use, particularly if it is reasonable relative to the transformative purpose. Copies used for training specific LLMs were complete and rich in protectible expressions, making their usage reasonable. Importantly, there was no connection between the outputs of the Claude service and the Authors' works, reinforcing the rationale for the copying. However, the extensive nature of the copying, particularly of entire works, presents challenges to claiming fair use successfully.
The crux of this factor is whether the amount was "reasonable in relation to the purpose of the copying." Copying is considered against the work itself and its transformative purpose.
Copies selected for inclusion in training sets were complete and contained rich protectible expression. The copying was deemed reasonably necessary to the transformative use.
There is no allegation of any traceable connection between the Claude service's outputs and Authors' works. The copying used to train LLMs was thus especially reasonable.
Extensive copying of entire works could influence the fair use finding, as copying entire works militates against a finding of fair use.
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