// TECHCRUNCH — INTELLIGENZA ARTIFICIALE
Is it legal to train AI models on copyrighted books? It’s complicated
You probably know by now that the AI models powering ChatGPT, Gemini, Claude, and other chatbots are trained on seemingly infinite databases of published works, containing hundreds of millions of books, online articles, academic papers, and basically anything you can find on the internet. Most published authors have, without their knowledge or consent, contributed to the development of the same AI tools that threaten to undermine their livelihoods. That seems illegal, right?
“I think one of the issues with this entire area of law and this entire area of technology is there’s a lot going on,” Cathy Gellis, an attorney with expertise in intellectual property, copyright, and technology, told TechCrunch. “It’s very complex and there are a lot of raw feelings about what is happening, both for and against.”
Last year, in one of the first rulings of its kind, Judge William Alsup ordered Anthropic to pay a mammoth $1.5 billion copyright settlement to a group of writers whose works were used to train the company’s AI models. At face value, this seemed like a moral victory favoring authors, but Judge Alsup actually ruled that Anthropic’s AI training was lawful. What Alsup penalized Anthropic for was pirating these books from illegal online shadow libraries.
“Like any reader aspiring to be a writer, Anthropic’s LLMs trained upon works not to race ahead and replicate or supplant them — but to turn a hard corner and create something different,” the judge wrote, comparing the way an LLM ingests trillions of words to a writer’s study of literature.
Gellis thinks the ruling is more advantageous for AI companies. What’s a $1.5 billion fine to a company projecting about $200 billion in annual revenue by 2028?
“I think it is generally good news for AI training that he looked at what was going on and really sort of thought it analogous to reading a copyrighted work as opposed to copying a copyrighted work,” Gellis said. “Copyright law hinges on copying, but it doesn’t hinge on using the work or experiencing the work, consuming the work, reading the work.”
Copyright law hasn’t been updated since 1976, which means that judges have to figure out how to interpret guidelines from 50 years ago when confronting legal questions that have the potential to shape the future of the AI industry.
“Everybody is very worried right now because the law is all over the place, and it’s because of this question,” Jason Henderson, Senior Attorney and Founder of the IP & Media Practice at JWL International, told TechCrunch. “They know that the AI model has been trained on so much stuff, and the law has not really caught up to that question.”
These questions often hinge on fair use law — namely, whether use of a copyrighted work is “transformative” enough to be considered legally permissible.
Fair use is a carve out of copyright law that allows for the use of copyrighted materials without explicit permission, protecting the ability to comment and iterate on copyrighted works through criticism, parody, education, and other means. Judges consider specific factors when deciding if something is fair use, including the purpose and nature of the work, the amount used, and its impact on the market.