US Copyright Office, Copyright and Artificial Intelligence, Part 3: Generative AI Training (pre-publication version, May 2025): lost licensing opportunities (U.S. Copyright Office, Copyright and Artificial Intelligence, Part 3: Generative AI Training (Pre-Publication Version, May 2025), at 70 to 71)
The Copyright Office's view is that a working licensing market weighs against unlicensed training under factor four. It is the Office's reading, not binding on courts.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“Where licensing markets are available to meet AI training needs, unlicensed uses will be disfavored under the fourth factor. But if barriers to licensing prove insurmountable for parties’ uses of some types of works, there will be no functioning market to harm and the fourth factor may favor fair use.”
Where it was read
Also read from the same source
- US Copyright Office: Copyright and Artificial Intelligence, Part 3 (Generative AI Training), pre-publication version
- US Copyright Office, Copyright and Artificial Intelligence, Part 3 (pre-publication version, May 2025): who licensing works best for (U.S. Copyright Office, Copyright and Artificial Intelligence, Part 3: Generative AI Training (Pre-Publication Version, May 2025), at 70)
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide