Generative AI litigation: the Github and Tremblay decisions
In a prior post, I summarized four United States copyright decisions that examined copyright infringement liability for training and making available generative AI (GenAI) services. It focused, among other things, on whether:
- downloading and copying of works (or other copyright subject matter) to train GenAI models infringes copyright;
- the trained GenAI models are infringing because they contain or embody copies of training materials in a material object or material form or are, under US law, derivative works;
- all outputs from GenAI systems are derivative works because they are derived from copyright works and whether specific outputs can infringe the copyrights in specific training materials; and
- fair use is potentially available in the U.S.