What is Fair Use?

The Often Misunderstood Copyright Exception for Nonprofit, News, Educational, or Parody Purposes.

Is It Fair Use to Train Generative AI on Copyrighted Works?

The answer isn't clear yet, unfortunately. While some companies already claim their use of copyrighted works falls under Fair Use, there has already been at least one major case decided otherwise.  Over time, we will likely see more precedents set by the courts. Until then, it's important to understand that there are a variety of factors that affect whether something is Fair Use, including whether the AI is used for commercial or non-commercial purposes, the type of works used, and the actual output of the AI program. 

What Can I Do?

Exact Wording From Copyright.gov:

107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.