July 25, 2023

Partner Eduardo Santacana and associate Noorjahan Rahman have written a paper titled: Beyond Fair Use: Legal Risk Evaluation for Training LLMs on Copyrighted Text. They will present the paper at the inaugural Workshop on Generative AI and Law during the International Conference on Machine Learning in Honolulu, Hawai’i on Saturday, July 29, 2023.

This paper analyzes the relevance of the fair use doctrine in determining the legal risks that may arise for organizations that provide Large Language Models (LLMs) for use by the public in exchange for fees. The authors argue that while the fair use doctrine has some limited relevance in evaluating the risks associated with selling LLM services, other legal doctrines and devices will have an equal impact, if not more. These doctrines include the registration requirement for copyright infringement suits, the terms of service imposed by website distributors of copyrighted materials, the challenges of certifying a copyright infringement class action, and the absence of copyright protection for facts and ideas. 

To view the article in its entirety, please click here.

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