Generative AI's illusory case for fair use

AI training and copyright

Can AI be trained on protected works?

Only with permission or pay

All four fair use factors weigh against training generative AI on copyrighted works

What it says

Charlesworth rejects the argument that models learn only unprotectable information: generative AI exploits expressive content to produce competing expressive content, unlike the earlier technologies in the fair use cases AI companies rely on, and models can output infringing copies. With a developing market for licensed training data, she finds each fair use factor weighs against developers.

The leading US academic case that training is not fair use.

Sources