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
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