The judgment

Copyright, artificial intelligence can use books. Anthropic wins in court

There is no copyright infringement, at least in the US: that is the meaning of a ruling, at times revolutionary. Let's see what changes.

by Alessandro Longo

(Adobe Stock)

3' min read

3' min read

AI models can use books, even copyrighted ones, to train themselves. There is no copyright infringement, at least in the US: that is the sense of a ruling, at times revolutionary, by a US federal judge this week that Anthropic's artificial intelligence did not break the law when it used copyrighted books to train its chatbot Claude, without the consent of the texts' authors or publishers.

The decision, handed down Monday by Judge William Alsup of the US District Court for the Northern District of California, is seen by experts around the world as a victory for AI companies, which have faced copyright lawsuits from writers and news organisations for using their work to train AI systems.

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It is true that the ruling does not apply to Europe, where more restrictive rules apply; however, the stark direction that jurisprudence is taking in the US may weigh on the European balance of power between publishers and authors on the one hand and AI companies on the other. If Europe remains isolated in the protection of copyright against AI, it will be more difficult for it to keep the point, also in light of the geopolitical relations between the US and the EU.

The reasons for the ruling are striking. Alsup argued that book training is transformative use, is not plagiarism (it falls under the American 'fair use' discipline) and is akin to an aspiring writer reading copyrighted texts 'not to replicate or supplant' those works, 'but to create something different'.

The ruling concerns a lawsuit filed last year against Anthropic by three authors - Andrea Bartz, Charles Graeber and Kirk Wallace Johnson - who claim that the company used their work without their consent.

In Europe, on the other hand, this option by AI companies is much less peaceful. Training could fall under the exceptions of copyright law for research and innovative uses; but companies can easily oppose its use (as also noted in the Euipo study in May on EU and US regulatory differences, also in light of the German 2024 Kneschke v. LAION ruling).

Even in the US, however, it is illegal to set up archives of pirated books, even for the purpose of AI training: on this, the AIsup judge ruled against Anthropic. The ruling sends it to trial on the charge of knowingly obtaining copies of more than 7 million books from pirate websites, although the company then paid to buy copies of some books. For Anthropic, however, the training would always be lawful, whatever the source of the data. An idea that says a lot about the attitude of AI companies to circumvent obstacles at any cost in order to win the competition - yet Anthropic has the reputation of being one of the most ethical in this competition, in the limits and controls placed on its chatbot. In their lawsuit, the authors claimed that Anthropic's actions have made "a mockery of its lofty goals".

"The fact that Anthropic subsequently purchased a copy of a book it had previously stolen from the Internet does not absolve it of liability for the theft, but may affect the extent of the statutory damages," the judge added.

Anthropic, on the other hand, insists: it stated that it disagreed with the decision to hold a trial for 'the acquisition of a subset of books and the manner in which they were used', with an apparent reference to the piracy allegations.

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