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Our Take

| less than a minute read

Kadrey v. Meta - Fair Use as a Matter of Law

Kadrey v. Meta! On the merits! A doozy of a summary judgment opinion in form and substance. "The devil is in the details," but even for non-lawyers, at least the first five pages are a must-read - there are almost no legal citations to bog you down. The Court's take is that while "in many circumstances it will be illegal to copy copyright-protected works to train generative AI models without permission," it wasn't here: using these thirteen plaintiffs' books was fair use as a matter of law. Why? According to the Court, the plaintiffs didn't do a good enough job explaining how Meta's use of their books to train Llama harmed the market for those works. So much more here to unpack...stay tuned!

The Court's take is that while "in many circumstances it will be illegal to copy copyright-protected works to train generative AI models without permission," it wasn't here: using these thirteen plaintiffs' books was fair use as a matter of law.

Tags

ai, branding advertising and copyright, technology