Federal Judge Delivers Victory For AI Innovation By Ruling Training On Copyrighted Works Constitutes Fair Use
A federal judge in California issued a landmark ruling that protects the development of artificial intelligence and creative freedom by determining that training AI systems on copyrighted books constitutes fair use under copyright law. U.S. District Judge William Alsup's decision in Bartz v. Anthropic represents a crucial victory against attempts to stifle technological innovation through overly broad copyright claims.
Judge Alsup ruled that Anthropic's training of its Claude AI on authors' works was "exceedingly transformative," and therefore protected under the fair use doctrine as specified in Section 107 of the Copyright Act. This decision correctly recognizes that AI training represents a fundamentally different use of copyrighted material than simple reproduction or distribution.
The judge's reasoning demonstrates a sophisticated understanding of how AI works, comparing the training process to human learning rather than mechanical copying. "Everyone reads texts, too, then writes new texts," Alsup wrote. "To make anyone pay specifically for the use of a book each time they read it, each time they recall it from memory, each time they later draw upon it when writing new things in new ways would be unthinkable."
This analogy captures why attempts to restrict AI training are flawed. Human authors read thousands of books, absorb their techniques and ideas, and incorporate that knowledge into their own writing without paying licensing fees for each influence. AI systems operate similarly, learning patterns and techniques rather than copying specific content.
Publishers Weekly's coverage reveals the typical bias against AI innovation that has characterized much of the publishing industry's response to new technology. The Authors Guild's statement they quoted that "the analogy to human learning and reading is fundamentally flawed" demonstrates a misunderstanding of both human creativity and AI functionality. It appears to be a protectionist claim that is more emotionally driven than logical.
The Guild's claim that "when humans learn from books, they don't make digital copies of every book they read and store them forever for commercial purposes" misses the point. The digital storage is merely the mechanism by which AI systems process information – the equivalent of human memory. The transformative use occurs during training, not storage.
Importantly, Judge Alsup distinguished between legitimate fair use and actual copyright infringement. While he ruled that training on legally acquired books constitutes fair use, he correctly found that downloading pirated books for permanent storage violated copyright law. This nuanced approach protects both innovation and legitimate copyright interests.
The ruling also noted that the authors "did not allege that Claude ingested the books to spit them back out," focusing the case on training inputs rather than outputs. This distinction is crucial because it recognizes that AI systems don't function as sophisticated copy machines but as pattern recognition tools that generate new content.
Publishers Weekly's framing of this as a loss for authors ignores the benefits AI tools provide to creative professionals. AI writing assistants help authors overcome writer's block, generate ideas, and improve their craft – benefits that would be impossible if every training use required individual licensing agreements.
The decision protects the principle that copyright law should encourage innovation rather than stifle it. By recognizing AI training as fair use, Judge Alsup has ensured that technological advancement can continue without being held hostage by overly broad copyright claims.
This was a point that I raised repeatedly and it was so obvious that it astonished me how the various authors and publishers would try to pretend that any consumption and utilization of a text could somehow violate copyright WHEN NOTHING WAS BEING COPIED. Being used as a reference for a new creation is obviously a Fair Use.
And you can't protect look-and-feel. See: Apple vs Microsoft.
William Alsup tends to rule well on tech cases. He learned Java so he could follow the arguments better in Oracle v Google. I wonder if the rolling will survive the boomers on the circuit bench