Aaron Moss Quoted in Bloomberg Law on Copyright Office’s AI Report and Fair Use
Aaron Moss was quoted in a Bloomberg Law article analyzing the U.S. Copyright Office’s recent report on the legality of training artificial intelligence models using copyrighted works. The article, “Authors Point to Copyright Office AI Analysis to Bolster Suits,” explores how the report could impact pending lawsuits against AI developers like Meta and Anthropic.
Aaron weighed in on the report’s expansive interpretation of the fourth fair use factor—market impact—calling it a significant departure from established copyright principles. “A use that simply enables the copier to enter the market for works of the same type as the copied works doesn’t typically weigh against fair use,” he noted.
While courts are not bound by the Copyright Office’s legal analysis, Aaron emphasized that the report’s depth and expertise could still carry persuasive weight. “You can agree or disagree with the reasoning, but you cannot challenge the care that went into this,” he said.
The article suggests the report could play a pivotal role in shaping early rulings in high-profile generative AI litigation, including cases brought by authors like Sarah Silverman.
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