Are Chefs Losing Control? The Hidden Battle Between AI and Copyright Licensing Revealed
Thanks DoJ! For a second, I thought you were trying to argue in favor of fair use. Given the Warhol decision and the importance of the fourth fair use factor (market harm), this should end the analysis in favor of the Plaintiffs. That said, let’s see if the “independent publishers” whose materials have been used without consent line up to support the DoJ position by joining in amici briefs. They certainly have been joining CCC’s licenses.
What’s Next?
The Statement of Interest seems to be the first step in a change in the Administration’s views on copyright and AI. At the recent G20 meeting, Secretary Lutnick urged other countries to “embrace fair use,” without offering how to do so. (Note, I can count the countries with fair use on my fingers.) This is seemingly at odds with the Administration’s America First Trade Policy in two major ways. First, in terms of exports, sales of select U.S. copyright products in overseas markets amounted to $272.6 billion in 2023, exceeding US exports from pharma, chemical, agriculture, and aerospace. Harming copyright harms US jobs. Second, if you agree with the DoJ that fair use is a free pass for training (and I obviously do not believe this to be the case), then lowering the copyright bar in other countries will encourage outsourcing from the US. It is therefore no surprise that Fox News has come out against the DoJ position.
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