Copyright Alliance Asks Court to Stop Generative AI’s Stealing of Creative Works

Group Files Amicus Brief ‘In Re OpenAI Copyright Infringement Litigation’

FOR IMMEDIATE RELEASE
Contact: Eileen Bramlet ebramlet@copyrightalliance.org

Washington, DC—On Thursday, October 29, the Copyright Alliance CEO Keith Kupferschmid issued the following statement regarding the Copyright Alliance’s submission of an amicus brief in the ongoing, multidistrict AI copyright infringement case In Re OpenAI Copyright Infringement Litigation.

According to Kupferschmid, “In recent years, the unauthorized use of copyrighted works under the guise of fair use to develop generative AI models has stripped creators and copyright owners of their constitutionally protected rights in their creative works. How the court analyzes fair use in this case is not just consequential to the news publisher and book author plaintiffs; it is of great significance to all copyright owners and creators, as evidenced by the strong amicus brief engagement by stakeholders across the copyright community and beyond.

“As the Copyright Alliance’s brief explains, there is no categorical fair use exception for copying protected works for AI model development. The brief also explains in detail why prior case law does not give AI companies a free pass to use copyrighted works without permission or compensation.

“In addition, the brief details the robust and growing licensing market for the use of copyrighted works for AI development, one that is undoubtedly harmed by unauthorized uses and the known sourcing of pirated works for training and model optimization. While licensing markets have been downplayed by AI companies and the Department of Justice, with its statement of interest, licensing is a critical component of AI development that ensures that both the AI and creative industries can thrive together. AI developers do not need to resort to unauthorized uses and piracy for training and model optimization.

“We’re grateful for the opportunity to help the court in the Southern District of New York understand the crucial copyright issues in the case.”

###

ABOUT THE COPYRIGHT ALLIANCE

The Copyright Alliance is a non-profit, non-partisan public interest and educational organization representing the copyright interests of over two million individual creators and over 15,000 organizations in the United States, across the spectrum of copyright disciplines. The Copyright Alliance is dedicated to advocating policies that promote and preserve the value of copyright, and to protecting the rights of creators and innovators. The Copyright Alliance is the unified voice of the copyright community, and the views espoused may not reflect the specific views of any individual or organization. For more information, please visit our website.