AI & Copyright - US Fair Use vs EU TDM after the Delaware decision

Giulio Coraggio and Valentina Mazza from the global law firm DLA Piper address the recent decision (Case 1:20-cv-00613, ECF 770) on the use of copyrighted texts for artificial intelligence (AI) training, where the Delaware District Court held that a fair use defense was unsuccessful on a summary judgment motion for copyright infringement. 

They compare the outcome of the decision to what would have happened in the EU under the text and data mining exception provided by the EU Copyright Directive, also providing an outlook to what to expect following the AI Act. 

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