Public Comment

Courts are deciding whether developers may use copyrighted books, journalism, images and other works when training generative AI. On September 2, the federal government entered the New York Times litigation against OpenAI and argued that AI training can qualify as fair use, emphasizing economic, scientific and national-security interests. Publishers and other creators argue that valuable copyrighted work should not become uncompensated raw material for commercial AI systems. The dispute reaches beyond one lawsuit because different rules could affect licensing markets, creator income, model development costs and the competitiveness of the U.S. AI industry. AI can learn from culture without receiving a blank check to consume it. A workable rule should protect experimentation while recognizing that professional creators also need a functioning market for their work.

Where should federal copyright law draw the line on using protected works to train AI?

Overall results

1
62% support · excluded by 8%
7

Training is analytically different from selling copies of the source works. Policy should focus on whether models reproduce protected expression or substitute for the original market rather than charging for every training input.

7

Requiring licenses for nearly everything on the open internet would entrench the largest technology companies that can afford them. Smaller competitors need a legally usable training path too.

2
59% support · excluded by 4%
7

Access to knowledge and creator rights do not have to be absolute opposites. Broad training can remain possible while commercial use contributes back to the people whose protected work supplies the corpus.

7

A collective system can preserve scalable AI training without pretending individual negotiations are practical. Standardized reporting and payment rules would turn an unresolved legal fight into a predictable market.

3
49% support · excluded by 2%
7

Writers, artists and journalists created the material that makes these systems valuable. Commercial developers should not obtain that labor for free simply because copying happens inside a training pipeline.

7

Copyright already provides a legal structure for licensing valuable works. Creating an enormous AI-specific exception risks destabilizing markets before Congress has deliberately chosen a replacement.

4
29% support · excluded by 10%

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