Authors Challenge OpenAI’s Interpretation of Copyright Law – Cryptopolitan

A group of Authors, including comedian Sarah Silverman, has responded to OpenAI’s efforts to dismiss various elements of a copyright lawsuit, expressing concerns over the technology company’s interpretation of copyright law, especially in the context of fair use. OpenAI, the creator of ChatGPT, is facing a copyright infringement lawsuit, with the plaintiffs alleging that the AI model was trained on copyrighted works without proper licensing. This lawsuit has significant implications for AI companies and copyright obligations under US law, making it relevant to various industries, including music, aiming to protect intellectual property rights.

OpenAI’s attempt to dismiss lawsuit elements

In its response to the authors’ lawsuit, OpenAI sought to have many of the claims dismissed. The company argued that the plaintiffs had misrepresented the scope of copyright law and misunderstood how AI models like ChatGPT function. However, the authors countered that their interpretation of copyright law is accurate, asserting that it is OpenAI attempting to “rewrite” established legal precedents set by the US Ninth Circuit Appeals Court.

Complexities of copyright in AI training

Training AI models with existing copyrighted works involves various copyright complexities. These complexities revolve around questions related to the initial ingestion of content, the actions taken by the AI with that content, and whether the outputs generated by the AI constitute derivative works. The process typically begins with copying existing works onto a server, which could constitute direct copyright infringement if the copying is not licensed or falls outside copyright exceptions, such as fair use.

Fair use as an affirmative defense

While OpenAI’s response to the lawsuit mentioned fair use, the authors emphasized that fair use is considered an affirmative defense and should not be a primary consideration in a motion to dismiss. They argued that OpenAI’s interpretation of fair use contradicts established legal precedent and, if adopted, would effectively nullify US copyright law.

The legal battle between the authors and OpenAI raises critical questions about copyright and fair use in the context of AI training on copyrighted materials. OpenAI’s attempt to have parts of the lawsuit dismissed has sparked a debate over the interpretation of copyright law, with potential ramifications for AI companies and industries dealing with intellectual property rights. The next steps in this lawsuit will determine how these legal issues are addressed and whether fair use will play a pivotal role in the case.