Courts have said time and again that the fair use doctrine may be "'the most troublesome in the whole law of copyright.'" See, e.g., Oracle Am., Inc. v. Google Inc., 886 F.3d 1179, 1191 (Fed.
All the News That's Fit to Pinch: 'NYT v. OpenAI'
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
By
Jonathan Moskin and Rachel Pauley
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