Axios AI+DC Summit: Copyright protection in the AI era will be up to the courts, industry leaders say; Axios, March 27, 2026

 Julie Bowen, Axios ; Axios AI+DC Summit: Copyright protection in the AI era will be up to the courts, industry leaders say

"Washington, D.C. — As policymakers grapple with how to regulate AI, the hardest questions around copyright and fair use are being punted to the courts, according to governance, creator, and technology experts at an Axios expert voices roundtable.

The big picture: With Congress moving slowly and disagreements over policy, judges are becoming the primary deciders of how AI and the creators work together — or don't.

That's partly by necessity: "Fair use is incredibly complicated — case by case, fact specific," News/Media Alliance president and CEO Danielle Coffey said.

"Each case that we get … we start to get these new guideposts," Jones Walker partner Graham Ryan said.

Ryan said they expect at least three fair use decisions this year that will have implications for the broader AI-artist ecosystem.

Axios' Maria Curi and Ashley Gold moderated the March 25 discussion, which was sponsored by Adobe.

What they're saying: Legal uncertainty remains. For example, two courts within the same district, and during the same week, differed in the reasoning behind their rulings on similar matters of fair use and AI.

"There is a current, live controversy over … the extant understanding of the fourth factor in fair use, which is: Does the copy replace the market for the work?" said Kevin Bankston, senior adviser for the Center for Democracy & Technology.

Still, "we have been trying to support the process through the courts, because we think there is a really strong framework in copyright law for protecting artists right now," according to Public Knowledge president and CEO Chris Lewis."

Penguin Random House books now explicitly say ‘no’ to AI training; The Verge, October 18, 2024

Emma Roth , The Verge; Penguin Random House books now explicitly say ‘no’ to AI training

"Book publisher Penguin Random House is putting its stance on AI training in print. The standard copyright page on both new and reprinted books will now say, “No part of this book may be used or reproduced in any manner for the purpose of training artificial intelligence technologies or systems,” according to a report from The Bookseller spotted by Gizmodo. 

The clause also notes that Penguin Random House “expressly reserves this work from the text and data mining exception” in line with the European Union’s laws. The Bookseller says that Penguin Random House appears to be the first major publisher to account for AI on its copyright page. 

What gets printed on that page might be a warning shot, but it also has little to do with actual copyright law. The amended page is sort of like Penguin Random House’s version of a robots.txt file, which websites will sometimes use to ask AI companies and others not to scrape their content. But robots.txt isn’t a legal mechanism; it’s a voluntarily-adopted norm across the web. Copyright protections exist regardless of whether the copyright page is slipped into the front of the book, and fair use and other defenses (if applicable!) also exist even if the rights holder says they do not."

AI Briefing: Senators propose new regulations for privacy, transparency and copyright protections; Digiday, July 12, 2024

Marty Swant , Digiday; AI Briefing: Senators propose new regulations for privacy, transparency and copyright protections

"The U.S. Senate Commerce Committee on Thursday held a hearing to address a range of concerns about the intersection of AI and privacy. While some lawmakers expressed concern about AI accelerating risks – such as online surveillance, scams, hyper-targeting ads and discriminatory business practices — others cautioned regulations might further protect tech giants and burden smaller businesses."

Exclusive: German authors, performers call for tougher ChatGPT rules amid copyright concerns; Reuters, April 19, 2023

 Foo Yun Chee, Reuters;  Exclusive: German authors, performers call for tougher ChatGPT rules amid copyright concerns

"Forty-two German associations and trade unions representing more than 140,000 authors and performers on Wednesday urged the European Union to beef up draft artificial intelligence rules as they singled out the threat to their copyright from ChatGPT...

"The unauthorised usage of protected training material, its non-transparent processing, and the foreseeable substitution of the sources by the output of generative AI raise fundamental questions of accountability, liability and remuneration, which need to be addressed before irreversible harm occurs," the letter seen by Reuters said."