Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks

As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual Property practice, to unpack the U.S. Copyright Office’s latest report on generative AI and copyright law. They dive into the high-stakes legal questions surrounding the use of copyrighted content to train AI models, including hot-button issues like model weights and retrieval-augmented generation. They also discuss how courts may apply the fair use doctrine to generative AI, with a close look at transformativeness, market impact, and other key factors.