•  
  •  
 

Florida Atlantic University Undergraduate Law Journal

Advisor

Anita Blowers

College

Business

Keywords

Artificial intelligence, Generative AI, Large language models, LLMs, Copyright infringement, Fair use, Copyright, AI regulation, Intellectual property, licensing, AI governance, Machine learning, Data scraping, Training data, Copyright reform, Digital copyright, AI ethics, Legal reform, Media law, Algorithmic training, Text mining, Transformative use, Licensing agreements, Copyright doctrine, Technology law, OpenAI litigation, Microsoft, litigation, New York Times, AI litigation, Digital media, Content ownership, Creative rights, Information governance, precedent, Emerging technology, Computational law, accountability, Data governance, Automated systems

Document Type

Article

Abstract

On December 27, 2023, The New York Times filed a complaint against OpenAI, one of the fastest growing artificial intelligence (AI) companies in the world. Due to allegations of copyright infringement, OpenAI, alongside its primary investor, Microsoft, has faced significant backlash in recent years for “stealing” articles from the New York Times. While facing this backlash, OpenAI and Microsoft responded by arguing that their use of the New York Times’ articles falls under fair use. The fair use doctrine, throughout its existence, has been a defining factor in many cases of copyright infringement. However, the doctrine has not yet been tailored to the evolution of artificial intelligence, particularly large language models (LLMs). Using the case of New York Times Company v. Microsoft Corporation. et al., this paper proposes reforms, such as mandatory licensing, that will allow the fair use doctrine to regulate AI.

Download

Share

COinS