Fair Use or Infringement: Examining the Copyright Office’s Report on Generative AI Training

Generative artificial intelligence is revolutionizing how humans work and create. Since the launch of ChatGPT in late 2022, Americans across the economic spectrum have recognized that AI-enabled tools are groundbreaking and powerful collaborators that can help generate fresh ideas and refine raw concepts into polished works. While the copyright system has continually adapted to technological advancements that shape the creation and copying of original works of authorship, the rapid evolution of generative AI presents distinct challenges for copyright owners.

In early 2023, the United States Copyright Office launched a comprehensive initiative to examine the legal and policy implications of AI. This study has produced three reports so far, with the highly anticipated third report—released on May 9, 2025—addressing the complex issues surrounding the use of copyrighted materials to train generative AI systems. As more than 40 lawsuits against AI companies make their way through the courts, there is significant interest in understanding the Copyright Office’s stance on whether AI training constitutes copyright infringement or falls under the fair use doctrine.

Join Hudson for an expert panel discussion exploring the office’s latest report and its implications for the future of generative AI training.