In Law360, Evan Gourvitz Discusses Copyright Fair Use Issues for Generative AI Companies Using Training Datasets Obtained from Nonprofits

Generative artificial intelligence (AI) companies using datasets scraped from the internet by nonprofits are facing lawsuits from authors, artists, entertainers and other content creators alleging copyright infringement.

In a Law360 article, IP litigation counsel Evan Gourvitz discussed the fair use issues raised by the use of such materials. Evan explained that, while the funding of such nonprofits by for-profit companies may be relevant to the fair use analysis, other issues may be even more important to that analysis, such as how for-profit companies use the works at issue, whether such uses are commercial or otherwise for profit, and whether such uses undercut the market for licensing those works