A federal judge in San Francisco ruled late on Monday that Anthropic’s use of books without permission to train its artificial intelligence system was legal under US copyright law.
Siding with tech companies on a pivotal question for the AI industry, US District Judge William Alsup said Anthropic made “fair use” of books by writers Andrea Bartz, Charles Graeber and Kirk Wallace Johnson to train its Claude large language model.
Alsup also said, however, that Anthropic’s copying and storage of more than 7 million pirated books in a “central library” infringed the authors’ copyrights and was not fair use. The judge has ordered a trial in December to determine how much Anthropic owes for the infringement. //
AI companies argue their systems make fair use of copyrighted material to create new, transformative content, and that being forced to pay copyright holders for their work could hamstring the burgeoning AI industry.
Anthropic told the court that it made fair use of the books and that US copyright law “not only allows, but encourages” its AI training because it promotes human creativity. The company said its system copied the books to “study Plaintiffs’ writing, extract uncopyrightable information from it, and use what it learned to create revolutionary technology.”
Copyright owners say that AI companies are unlawfully copying their work to generate competing content that threatens their livelihoods. //
Anthropic and other prominent AI companies including OpenAI and Meta Platforms have been accused of downloading pirated digital copies of millions of books to train their systems. //
Anthropic had told Alsup in a court filing that the source of its books was irrelevant to fair use.
“This order doubts that any accused infringer could ever meet its burden of explaining why downloading source copies from pirate sites that it could have purchased or otherwise accessed lawfully was itself reasonably necessary to any subsequent fair use,” Alsup said on Monday.
