Is Generative AI "Training" on Unlicensed Copyrighted Works Infringement (or Fair Use)? How the Supreme Court Will Decide

In this special bonus episode, Creative Media's Peter Csathy tackles the fundamental issue now facing Big Tech and Big Media -- whether generative AI "training" on unlicensed copyrighted works is infringing (or is, instead, defensible fair use)? Peter gives a concise, non-legalese overview of the business and legal issues involved in the leading cases -- including The New York Times v. OpenAI -- that are currently winding their way in the courts. He then identifies and analyzes the key legal precedents cited by both sides -- including the landmark 2015 "Google Books" case and separate recent "Andy Warhol/Prince" Supreme Court case. 

Peter also predicts, based on those precedents, how the Supreme Court would rule on these copyright infringement issues in the generative AI context if one of the relevant cases (like The New York Times) ultimately makes its way to the Supreme Court. It's an important discussion -- one that's on virtually everyone's minds in the worlds of media, entertainment, AI and tech. And Peter is the right person to lay it all out. He started his career as an IP lawyer and litigator in a major firm -- then became General Counsel of a multi-billion dollar operating division of Universal Studios -- but then became a serial CEO/President of several tech-forward media companies that achieved successful exits. 

Sign up for the companion "the brAIn" newsletter via this link.
Check out Peter and his firm Creative Media
Check out Peter's LinkedIn bio here.
And send feedback to [email protected].