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Since the introduction of various artificial intelligence (AI) tools, there has been a slew of AI intellectual property (IP) infringement cases. For the most part, these infringement claims have been directed at the AI tool developers – namely those who have had a hand in creating AI data sets and related instructions that automatically direct the scraping done by the AI program.

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But what about the AI user? Does their use of an AI tool, such as Chat GPT, CoPilot or Stable Diffusion, constitute a form of direct or indirect copyright infringement for content that was impermissibly copied?

And, if liability attaches, is there an available fair use defense?

This two-part article looks at both of those subjects. The first part, published in the February 2024 issue of the Intellectual Property &amp; Technology Law Journal, considered the situation of the AI user. This second part examines the fair use defense.

To read the full article, please click&nbsp;<a href="https://www.blankrome.com/sites/default/files/2024-02/grossman-ordonez.pdf">here</a>.

"AI Copyright Contributory Infringement and the Fair Use Defense – Part II," by Jon Grossman and&nbsp;Scarlett L. Montenegro Ordoñez was published in the March 2024 edition of the&nbsp;Intellectual Property &amp; Technology Law Journal&nbsp;(Vol. 36, No. 3), a&nbsp;Wolters Kluwer publication. Reprinted with permission.

AI Copyright Contributory Infringement and the Fair Use Defense – Part II

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AI Copyright Contributory Infringement and the Fair Use Defense – Part II

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