What Anthropic’s AI Lawsuit Means for the Future of Publishing

A federal court is reviewing whether Anthropic’s use of copyrighted works—including pirated books—to train its Claude LLM violates fair use laws. While training data that doesn't directly substitute or reproduce author content may be defensible, the use of pirated books to build a central library weighs heavily against fair use. The ruling could shape how AI companies acquire and use data moving forward.

4. THE EFFECT OF THE USE UPON THE MARKET FOR OR VALUE OF THE COPYRIGHTED WORK

The final factor is “the effect of the use upon the potential market for or value of the copyrighted work.” 17 U.S.C. § 107(4). This factor points against fair use when a copyist makes copies available that displace demand for copies the copyright owner already makes available or readily could. Texaco, 60 F.3d at 926–28 (reproduced copies); Dr ...