Copyright and Artificial Intelligence, Part 3: Generative AI Training (pre-publication version)

Summary

On May 9, 2025, the Copyright Office released a pre-publication version of Part 3 of its AI report, on the use of copyrighted works to train generative AI, in response to congressional inquiries and stakeholder interest. The report works through the four fair-use factors and concludes that some training uses will qualify as fair use and some will not: noncommercial research that does not reproduce works in outputs is likely fair, while copying expressive works from pirate sources to generate competing content is at the other end of the spectrum. It also discusses licensing options. The Office says a final version will follow without substantive changes expected; as of October 16, 2026, its AI page still lists Part 3 as pre-publication. The report notes that dozens of fair-use lawsuits are pending.

Key dates

1. May 9, 2025Issued
2. October 16, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. The Office expects that some uses of copyrighted works for generative AI training will qualify as fair use, and some will not.

   Supports: Core conclusion

   Dozens of lawsuits are pending in the United States, focusing on the application of copyright's fair use doctrine.

   Supports: Pending litigation context

   Copyright and Artificial Intelligence, Part 3: Generative AI Training (Pre-Publication Version) U.S. Copyright Office Primary source

2. On May 9, 2025, the Office released a pre-publication version of Part 3 in response to congressional inquiries and expressions of interest from stakeholders. A final version of Part 3 will be published in the future, without any substantive changes expected in the analysis or conclusions.

   Supports: Release date; final version pending

   Copyright and Artificial Intelligence U.S. Copyright Office Primary source