On August 27, News/Media Alliance, together with the Association of American Publishers and the International Association of Scientific, Technical & Medical Publishers, filed an amicus brief in In Re Mosaic LLM Litigation, concerning the defendants’ alleged unauthorized use of the plaintiffs’ books in AI training. The brief, opposing the defendants’ motion for summary judgment, notes that the Copyright Act reflects Congress’s determination that exclusive rights, market- based licensing, and voluntary exchange facilitate the creation and dissemination of expressive works. The brief argues that the defendants’ exploitation and copying of copyrighted works for their expressive content and for the same purpose as the original works while creating substitutive products is neither transformative nor fair use, and that there does not exist any compelling justification for using expressive content to generate expressive content. The brief also discusses the market effect of such unauthorized uses, arguing that unlicensed AI training substantially and adversely harms publishers’ markets for their works and amount to cognizable market harm under the fourth fair use factor. The amici also note the expanding licensing market for textual works and the benefits it has for the public, publishers, and AI developers alike. Read the full brief here(opens in new tab).
