Anthropic says chatbot AI training makes fair use of books
Anthropic told, opens new tab the court that it made fair use of their works by transforming them into something new, raising a key argument for tech companies defending against high-stakes copyright cases over their AI training.
Attorneys for the authors did not immediately respond to a request for comment on Friday.
"Our filing today makes a simple case: that large language models like Claude are fundamentally different from books and used for different purposes than allowing users to read the Plaintiffs' books," an Anthropic spokesperson said on Thursday.
Writers and journalists Andrea Bartz, Charles Graeber and Kirk Wallace Johnson sued Anthropic last year, accusing the company of using pirated versions of their work to teach Claude to respond to human prompts. They asked the court in a separate filing on Thursday to allow them to represent a broader class of authors whose work Anthropic allegedly misused.
Anthropic argued on Thursday that its training was protected by the copyright doctrine of fair use, which allows for the unauthorized use of copyrighted material under certain circumstances. Fair use could be the deciding legal question in copyright cases brought by authors, artists, news outlets and others against major technology companies over their AI training.
Anthropic said its AI training was a "transformative" act that U.S. copyright law "not only allows, but encourages" because it promotes human creativity. The company said its system copies the books to "study Plaintiffs' writing, extract uncopyrightable information from it, and use what it learned to create revolutionary technology."
The case is Bartz v. Anthropic PBC, U.S. District Court for the Northern District of California, No. 3:24-cv-05417.
For the authors: Justin Nelson, Alejandra Salinas, Rohit Nath and Jordan Connors of Susman Godfrey; Rachel Geman, Daniel Hutchinson & Reilly Stoler of Lieff Cabraser Heimann & Bernstein; Scott Sholder of Cowan DeBaets Abrahams & Sheppard
For Anthropic: Douglas Winthrop, Joseph Farris and Angel Nakamura of Arnold & Porter Kaye Scholer; Joseph Wetzel and Andrew Gass of Latham & Watkins; Mark Lemley of Lex Lumina
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