Brattle Consultants Discuss the Economics of Fair Use with Artificial Intelligence in Recent IPWatchdog Article

The rise of generative AI has brought forward several novel and complex legal questions related to fair use and copyright infringement. In an article recently published by IPWatchdog, Brattle experts explore some of these legal questions and discuss how applying the established economic framework to copyright matters involving generative AI presents unique challenges due to the distinct nature of the AI-generated content and the processes involved.

In the article, “‘Artificially Intelligent’ Economics of Fair Use,” Senior Associates Dr. Animesh Giri and Dr. Haris Tabakovic and Principal Dr. Steve Herscovici assess the application of the four fair use factors to AI-generated content and highlight several legal battles that have arisen surrounding content-generating AI models. The coauthors conclude that, while the four-factor framework remains a useful tool, the nature of AI-generated content – and the opacity of the training process – demand careful, context-specific analysis.

The full article can be found on the IPWatchdog website.