Decisions · Policy · United States

The Files are in the Computer: Copyright, Memorization, and Generative AI

A. Feder Cooper and James Grimmelmann (Cornell University) · 2025 · Proposal · non-binding

Chicago-Kent Law Review, vol. 100 (2025); arXiv:2404.12590

The model as a copy

Is a trained model a copy of its training works?

A copy where it memorises works

A model that has memorised training data is a copy of that data; not all learning is memorisation

Why hereIn the middle: the authors conclude that 'a model that has memorized training data is a copy' of that data, and also that not all learning is memorisation. The copy follows memorisation, not training as such.

What it says

Drawing on the technical literature, the authors define memorisation as the possibility of reconstructing from the model a near-exact copy of a substantial portion of a training item. Memorisation happens in training and is latent in the model itself, so a model that has memorised training data is a 'copy' of it in the copyright sense; outputs that regurgitate are a symptom, not the cause.

Whether a model is a copy turns on what it has memorised, which depends on training choices.

Sources

This record

Data as of 2026-10-21.

Drafted with AI assistance and checked against the sources linked above; not yet reviewed by a lawyer. Methodology

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