TLDR: Leading intellectual property attorneys engaged in a spirited discussion at the 9th Circuit Judicial Conference, debating whether the use of copyrighted material to train generative artificial intelligence models constitutes fair use under current law. The discussion highlights the ongoing legal complexities surrounding AI and intellectual property.
At the recent 9th Circuit Judicial Conference on July 23, 2025, intellectual property law took center stage as leading attorneys grappled with the burgeoning challenges posed by generative artificial intelligence. The core of the debate, as reported by Craig Anderson for the Daily Journal, revolved around a critical question: Does the act of training large language models (LLMs) on copyrighted works fall under the doctrine of fair use?
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The conference saw two prominent IP attorneys engage in an amicable yet rigorous exchange, dissecting the legal nuances of this rapidly evolving technological landscape. The discussion underscores the significant legal uncertainties and differing interpretations within the intellectual property community regarding AI’s impact on existing copyright frameworks. As generative AI continues to advance and integrate into various industries, the determination of what constitutes fair use in the context of AI model training will have profound implications for content creators, technology developers, and the future of digital innovation. The ongoing dialogue at high-profile legal forums like the 9th Circuit conference is crucial for shaping future legal precedents and potentially new legislation in this complex area.
