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11/02/2025 - Is Generative AI Really Fair Use? The Legal Debate

argument: Notizie/News - Intellectual Property Law

Source: Forbes Tech Council

The Forbes Tech Council article examines the legal debate surrounding the concept of "fair use" in the context of generative AI. Many AI-generated works, including text, images, and music, rely on vast amounts of copyrighted material used in AI training datasets. However, whether this qualifies as fair use under existing copyright laws remains controversial.

Legal experts argue that AI models, such as large language models and image generators, do not create original content but rather remix and repurpose pre-existing works. This raises significant copyright concerns, as creators may not receive credit or compensation for their work being used in AI outputs.

The article explores ongoing lawsuits and legal precedents that could shape the future of AI-generated content. Courts in the US and Europe are considering cases where artists, writers, and media companies claim that AI-generated content violates intellectual property rights. Some argue that AI companies should obtain explicit licenses for training data, while others suggest that fair use principles should evolve to accommodate new technologies.

The discussion also addresses the ethical implications of AI-generated content, including the potential devaluation of human creativity and originality. As governments and courts struggle to regulate AI in copyright law, experts predict that fair use arguments will continue to face legal challenges, possibly leading to stricter AI regulations in the near future.