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

Intellectual Property & Technology Law Journal

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.

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 & 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 here.

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