Resources on Copyright and AI: Updated FAQ and Position Paper on “Lawful Access” and Fair Use

Authors are navigating change when it comes to copyright and artificial intelligence. We’re committed to developing and sharing practical resources that help you understand how these issues affect your work and your rights. We’ve recently finished two resources that address some of the questions we’ve been seeing most frequently. 

1. Generative AI: Frequently Asked Questions

Our updated FAQ on Generative AI is designed to give authors clear, accessible answers to common questions. Among the topics covered:

• Copyrightability of AI-generated works: What happens when part of your book, article, or artwork was created with AI? We discuss the U.S. Copyright Office’s guidance and a relevant court ruling.
  
• Risks and responsibilities: What’s the chance your AI-assisted work could unintentionally infringe someone else’s copyright, and who would be liable?
  
• Licensing and contracts: We examine AI platform Terms of Service, and opt-outs and what they might mean for you.

We also highlight resources for staying up to date, from litigation trackers to our own ongoing blog coverage.

2. Lawful Access and Fair Use: Our Position

Alongside the FAQ, we’re sharing a new position paper: Lawful Access and Fair Use. This paper responds to an argument frequently made by plaintiffs: that even if AI training or another use is transformative, it should not be considered a fair use if the works were obtained through “unlawful” means. We disagree. Key takeaways include:

• Fair use is about use, not conduct. As Judge Pierre Leval famously wrote, “Copyright is not a privilege reserved for the well-behaved.” Copyright law is designed to promote progress, not police morality.
  
• The stakes for AI and beyond: If courts adopt a rigid “lawful access” rule, socially valuable use, including AI research, journalism, and library archiving, could be chilled. Here, we’re particularly concerned by a future where only enormously well-funded corporations would be able to afford the risk involved in making large scale fair uses.

Why This Matters

Authors and researchers need clarity in order to make informed decisions about their work. These resources are meant to provide:

• Practical guidance for your own creative and research practices; and
  
• A principled stance on how copyright law should evolve to serve its purpose—promoting progress and the broad dissemination of ideas, not hampering those goals.

We welcome your questions and suggestions at info@authorsalliance.org. As the FAQ is meant to be a growing and evolving resource, please consider sending us suggestions if there are questions that you think we should be addressing – if you do, consider adding “AI FAQ suggestion” to the subject line of your email.