Unlocking the Future: How AI Copyright Licensing Could Revolutionize the GAI Market Overnight
Licensing Market Harm Cannot Be Ignored
Copyright law is the framework within which rightsholders have the choice to license their works. Recent court cases Bartz v. Anthropic and Kadrey v. Meta make fatal mistakes in their fair use analyses by ignoring mounting evidence of licensing markets to incorrectly decide that there is no harm to actual or potential licensing markets for AI training, or that copyright owners are not “legally entitled” to these markets. Those determinations misapply the fourth fair use factor’s requirement that the effect of a use on existing markets must be considered. There is no denying that licensing markets for AI training already exist and continue to grow, and to dismiss them as something a copyright owner is not “entitled” to is a misinterpretation of the law that strips copyright owners of their rights.
