Recent rulings from California courts, involving generative AI companies using unlicensed and copyrighted content to train their models, leaned towards allowing fair use, raising concerns about the potential impact on creative professionals if that legal trend continues. While some judges have affirmed that training generative AI with copyrighted works in some cases could be fair use, others cautioned that such practices might not hold up if the material was obtained without authorization. More and more publishers and AI companies are exploring methods to protect and legitimize their content by create licensing agreements and reevaluate how to manage access to materials online to mitigate risks associated with generative AI’s reliance on unlicensed copyrighted data.
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