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Doctrinal Divergence in AI Copyright: A Fair Use Analysis of Bartz v. Anthropic and Kadrey v. Meta
Can AI training on copyrighted works qualify as fair use? Recent rulings in Bartz v. Anthropic and Kadrey v. Meta reveal a deepening divide in how courts interpret fair use in the AI context. While both favored the tech companies, their reasoning diverged—especially on market harm and transformative use—offering critical insights for future AI copyright litigation.
Francesca Witzburg
Jul 37 min read
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