AI Training & Copyright Law: Latest Updates from Courts & the Copyright Office ⚖️

Whether AI training and generation is a fair use under copyright law puts two important American business sectors in opposition, and each looks to the various branches of the federal government for answers. Fundamentally, essentially all training of AI models involves copying of copyrighted materials, and many outputs from AI systems also may be substantially similar to copyrighted material and thus infringing if they are not fair uses.

On May 9, 2025, the U.S. Copyright Office released a pre-publication version of the third and final part of its report on Copyright and AI, focused on Generative AI Training. The report concludes that some is fair use but some is not, and urges that existing efforts to engage in licensing of copyrighted content continue. Meanwhile, over forty cases on the issue are ongoing in the United States alone, with cases ongoing in another eight nations as well. The District Court in Delaware has ruled that at least one such case was not a fair use, and further rulings are expected soon from around the country. Meanwhile the White House has indicated an interest in AI policy and may have its own prerogatives.

Featuring:

- Meredith Rose, Senior Policy Counsel, Public Knowledge
- Regan Smith, Senior Vice President & General Counsel, News/Media Alliance
- Moderator: Zvi Rosen, Assistant Professor, Southern Illinois University School of Law

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.