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Does Training AI Models On Copyrighted Works Constitute Infringement?

Questions on who owns AI training models using copyrighted material are no longer hypothetical, they are already the subject of active litigation, with several cases moving beyond the pleading stage.

5 minute read October 01, 2026 at 12:05 AM
By
David J. Partida
Does Training AI Models On Copyrighted Works Constitute Infringement?

Somewhere in most legal departments sits an AI vendor agreement negotiated by a technology procurement team, reviewed for commercial terms, and signed without anyone asking a handful of questions that are quickly becoming difficult to ignore.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

October 01, 2026