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Federal judge William Alsup ruled that it was legal for Anthropic to train its AI models on published books without the authors’ permission. This marks the first time that the courts have given credence to AI companies’ claim that fair use doctrine can absolve AI companies from fault when they use copyrighted materials to train large language models (LLMs).
This decision comes as a blow to authors, artists, and publishers who have brought dozens of lawsuits against companies like OpenAI, Meta, Midjourney, Google, and more. While the ruling is not a guarantee that other judges will follow Judge Alsup’s lead, it lays the foundation for courts to side with tech companies over creatives.
These lawsuits often depend on how a judge interprets fair use doctrine, a notoriously finicky carve-out of copyright law that hasn’t been updated since 1976 — a time before the internet, let alone the concept of generative AI training sets.
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