While US case law on fair use as applied to generative AI remains fragmented and contradictory, rights holders are shifting the focus of litigation. By focusing on piracy, which is clearly excluded from any exceptions such as fair use, publishers are aiming for an area of legal certainty, as illustrated by the Bartz case and the agreement accepted by Anthropic. US litigation between rights holders and generative AI developers continues to multiply, with no clear doctrine yet emerging on the application of fair use to model training. In this still contradictory legal landscape, the new lawsuit filed by Fair use or not: uncertainty Contrary…
