Washington – The Computer & Communications Industry Association co-filed a joint amicus brief along with NetChoice and Technet in a case involving OpenAI and training AI on copyrighted material before the US District Court for Southern New York.
In the New York Times v. Open AI amicus brief, the amici note that the use of copyrighted material for AI training qualifies as permissible fair use under the Copyright Act and the general purposes of copyright as established in the Constitution. The use of this material for AI is highly transformative, because it identifies patterns and enables entirely new technology tools. Amici also dismissed the plaintiffs’ concerns about so-called “market dilution” – meaning the idea that AI creations could flood a market and decrease value – as an unrecognized and unrealistic theory of harm.
The following can be attributed to CCIA President & CEO Matt Schruers:
“Copyright was envisioned as a means to an end: creating incentives to promote artistic and scientific progress. The Constitution makes this clear and the Supreme Court has repeatedly reaffirmed this purpose. Our brief asks the court to affirm that training AI is fair use and should be allowed as it advances a new technology and complies with the law as intended.”
