The Art (and Legality) of Imitation: Navigating the Murky Waters of Fair Use in AI Training

As generative AI technology advances, the legal battles over the use of copyrighted materials for training these models are heating up. In the first wave of lawsuits the courts have diverged in their approach to fair use as a defense to claims of copyright infringement. Other legal theories of protection—including the right of publicity and unfair competition under state and federal law—remain largely untested.