Fair Use in Generative AI: An Overview

• GenAI uses public domain and copyrighted materials for training.

• ‘Fair Use’ doctrine under U.S. copyright law is crucial.

• Fair use is determined by purpose, nature of copyrighted materials, portion taken, and effect on potential market or value.

• Anthropic case involved GenAI agents training using books and texts from a library.

• Meta Judgment recognized transformative nature of copyrighted works in training LLMs.

• Meta judgment focused on model training, not downloading or building a permanent library of infringing works.