Copyright Law 101: Understanding Fair Use in the Age of AI
Copyright plays an integral role in U.S. law and has since the nation’s founding. It is embedded in the U.S. Constitution and reflects the founders’ intent to promote both exclusive intellectual property rights and drive innovation.
“Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
United States Constitution, Article I, Section 8
The role of fair use:The legal principle offair use, which dates back to the early 18th century in the U.S., permits the limited use of copyrighted material without permission for purposes such as commentary, education, research and innovative applications that do not serve as a replacement for the original work.
- How it works: Fair use is evaluated by examining four key factors, including whether the use of copyrighted material is transformative — meaning it uses an existing work in a new and unexpected way — and whether it impacts the market for the original work.
Where AI comes in:Today, U.S. copyright law allows large-scale AI models to train on publicly available information, such as materials and data found the open web. This training falls under the fair use doctrine and plays a crucial role in the technological advancement of AI, while also preserving existing intellectual property rights.
- High stakes for the future: From enhancing public safety to revolutionizing health care, safe and secure AI relies on access to large amounts of data to solve real-world problems. Restricting access could stifle innovation and delay advancements that greatly benefit society. More on how AI models are trained.
- A durable approach: U.S. copyright law provides the flexibility needed to address emerging technologies, including AI, and the courts are well-equipped to handle legal challenges that arise.
What’s next: Policymakers play a vital role in ensuring copyright law continues to drive innovation and supports the development of new technologies, keeping the U.S. as the global leader in the age of AI.
- A proven system at work: U.S. copyright law provides a robust framework for training on publicly available materials. Any changes to existing law risk installing barriers to innovation.
- Ensuring access to information: Copyright protection extends to the expression of an idea — not the idea itself. It does not protect facts, procedures, methods of operations, or mathematical concepts. This idea-expression dichotomy plays a crucial role in copyright law by encouraging creativity while safeguarding public access to information.
- Global implications at play: The U.S. is poised to remain a global leader in AI, thanks to the fair use doctrine. Upholding fair use’s limitations on copyright protections is vital to continued AI innovation and improvement.
The bottom line: The nation’s founders designed U.S. copyright law to evolve across centuries of technological change. AI is no exception. Fair use and other limitations in copyright law stand as more than 200-year-old cornerstones, protecting intellectual property rights while driving innovation that powers the future.
