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
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
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
No changes logged yet. The change log started on 2026-10-20.