Should The New York Times proceed with legal action, it will join a growing list of copyright holders targeting AI companies. Notably, comedian Sarah Silverman was unsuccessful in her first suit claiming unauthorized use of her memoir. And now she is part of a class-action lawsuit spearheaded by the Writers Guild against OpenAI.
Other AI companies, including Stability AI, have also encountered copyright lawsuits, with Getty Images suing Stability AI over alleged unauthorized training of an AI model on millions of the company’s photos.
The “Fair Use Doctrine” Defense
Legal experts predict that AI companies may invoke the “fair use doctrine” as a defense strategy. This doctrine permits the use of copyrighted material under specific circumstances, such as teaching, criticism, research, and news reporting. The application of this doctrine in AI copyright disputes will be a pivotal aspect of these legal battles.
Two legal precedents are expected to play a central role in upcoming AI copyright disputes.
