U.S. Copyright Office Releases Final AI Report on Generative AI Training

The U.S. Copyright Office has released the third and final part of its report on artificial intelligence, focusing on the use of copyrighted works in training generative AI models. This report, titled "Generative AI Training," examines whether such use constitutes "fair use" under U.S. copyright law. It provides comprehensive guidance on this contested legal issue, highlighting the nuanced nature of fair use determinations.

The report does not offer a blanket endorsement or rejection of fair use for generative AI training. Instead, it emphasizes the need for a case-by-case evaluation based on the four statutory fair use factors: the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market value of the original work. The Copyright Office suggests that some uses may qualify as fair use, particularly noncommercial research, while others, such as using pirated works for commercial gain, are less likely to be considered fair.

Additionally, the report encourages the development of licensing frameworks to address the legal ambiguities surrounding AI training. It suggests that licensing could balance the interests of content creators and AI developers, although it stops short of endorsing compulsory licensing. This guidance is expected to influence ongoing and future litigation, as well as legislative efforts related to AI and copyright law.