This panel will discuss the current controversy over whether the use of “pirated” datasets in training AI models overcome claims of fair use. The panelists will discuss the differing treatment of the issue in the Bartz v. Anthropic, Kadrey v. Meta, and In re: OpenAI cases, as well as copyright policy principles implicated by the controversy. The panel will explore how various U.S. Supreme Court decisions have assessed the role of subjective intent and secondary user conduct, and how those decisions might impact the fair use analysis in future decisions. The panel will also discuss the role of authorized access in the fair use analysis, including its role in the text and data mining exceptions under the  2019 Copyright in the Digital Single Market (CDSM) Directive.

 

More details and registration to come!