Are Chefs Losing Control? The Hidden Battle Between AI and Copyright Licensing Revealed
By adamantly stating its opinion in this way, the Administration is seeking to influence the very process it purportedly supported. Perceiving the Court as malleable to its opinion, it is simultaneously seeking to avoid any Congressional action that could influence the outcome. It would entirely be within Congress’ power to adjust copyright law to definitively decide the applicability of Fair Use, or licensing, or to build in some other framework within the law that could apply to AI training and AI systems. It seems, for the moment, that relying on Fair Use exemptions is the preferred and simplest strategy. What that pathway will ensure is a very long road ahead. Given the pace of technological change, this is probably in the best interest of the technology companies, who can avoid any costly outcome for years as these cases wind their way, inevitably to the Supreme Court. As this Court and this Administration have proven time and again, the judicial branch is not always interested in intervening while the facts on the ground create their own new reality.
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