Writers Continue to Resist AI Over Alleged Copyright Infringement

Intellectual Property attorneys Thomas Brooke and Danielle Garno co-authored an article for Bloomberg Law analyzing a case that highlights issues surrounding copyright and the use of artificial intelligence (AI). Comedian Sarah Silverman recently joined a class of authors and publishers suing the creators of OpenAI for infringing their copyrighted work. They claim that they did not grant permission for OpenAI, ChatGPT and related technologies to use their work as training materials for the large language models (LLMs) that allow AI to generate human-like responses to users. The authors explain that OpenAI will probably try to rely on the fair use defense, which is a doctrine in U.S. law that allows for limited use of copyrighted material without the copyright owner's authorization. The article goes on to explain how the U.S. Supreme Court's ruling in Andy Warhol Foundation for the Visual Arts v. Goldsmith could render this argument moot as well as describes how this lawsuit is indicative of the broader implications of AI for creative industries.

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