Source: Computer & Communications Industry Association (CCIA)

CCIA, NetChoice and Technet jointly submitted an amicus brief concerning the use of copyrighted material to train artificial intelligence. The filing concerns the New York Times v. OpenAI litigation before a federal district court in New York. The associations argue that AI training qualifies as fair use under the Copyright Act. The associations also connect that position to copyright’s constitutional purposes. These statements describe the associations’ legal arguments and their request to the court.

The associations characterize AI training as highly transformative because AI training identifies patterns and enables new technological tools. The associations reject the plaintiffs’ concern that AI-generated creations could flood a market and reduce value. The associations describe this proposed “market dilution” theory as unrecognized and unrealistic. CCIA President and CEO Matt Schruers argues that copyright provides incentives for artistic and scientific progress, invoking the Constitution and Supreme Court statements. Schruers asks the court to affirm that AI training is fair use, arguing that AI training advances technology and accords with copyright’s intended purpose.