Authors Guild v. OpenAI

The core question is whether the use of copyrighted works in training AI models constitutes fair use. The Authors Guild argues that OpenAI's use of their members' works without permission is not transformative and harms the market for those works. OpenAI contends that its training practices are transformative and fall under fair use. This disagreement is central to the case. [1], [2]

The question of whether OpenAI's training data includes works from unauthorized sources, such as pirate book repositories, raises issues of copyright infringement. The Authors Guild claims that OpenAI has used these sources without proper licensing, while OpenAI may argue that it has not directly accessed these repositories. [1], [2]

Jurisdictional questions arise regarding the applicability of international copyright law, especially concerning the use of works from authors based in different countries. The case may set precedents for how international copyright is enforced in the context of AI training. [1]

The economic implications for authors and creators are significant, particularly regarding compensation for the use of their works in AI training. The Authors Guild argues that AI companies should be required to license content, while OpenAI may argue that its use does not require such licensing under fair use. [1], [2]

Discovery obligations are a point of contention, particularly regarding the scope of data OpenAI must provide related to its training practices. The Authors Guild seeks extensive data to support its claims, while OpenAI may argue for limitations based on relevance and privacy concerns. [2]