BARTZ V. ANTHROPIC: FAIR USE IN BALANCING AI TECHNOLOGICAL DEVELOPMENT AND COPYRIGHT IN AI TRAINING DATA
Keywords:
Fair Use, Artificial Intelligence, AI Training Data, Copyright, Barthz, Anthropic, Intellectual Property Rights, Fair Dealing, Text and Data MiningAbstract
Access to copyright works is central to the training of Artificial Intelligence (AI) models, particularly, Large Language Models (LLMs). This paper reviews the application of the doctrine of fair use to AI training data by the US Court in Bartz et al. v. Anthropic in comparison to the earlier case of Thomson Reuters Enter. Centre GmbH v. Ross Intell. Inc and latter decision in Kadrey v. Meta Platforms, Inc. The paper argues that Bartz v. Anthropic may provide some guidance in balancing the interests of AI development and copyright owners by separating the issues of infringing AI output from AI training data. It also allows fair use for copyright protected AI training data only where the works were legally obtained which still gives room for compensation to copyright owners which ensures that copyright does not stifle technological advancement.
