U.S. Copyright Office Issues Final Report on AI

May 16, 2025

On Friday, May 9th, the U.S. Copyright Office (USCO) released a pre-publication version of its third and final report on the legal and policy issues related to copyright and artificial intelligence (AI). This report focuses specifically on whether the use of copyrighted works to train generative AI models is considered fair use.

Among the key findings:

  • Current copyright law can and should be applied to generative AI. The USCO notes that "While the use of copyrighted works to power current generative AI systems may be unprecedented in scope and scale, the existing legal framework can address it as in prior technological revolutions."
  • An analysis of current AI technology results in a finding that copyright infringement may occur at various stages of AI development.
  • While some uses of copyrighted works in AI training may be transformative, the extent to which these uses are fair depends on "what works were used, from what source, for what purpose, and with what controls on the outputs — all of which can affect the market."
  • The use of highly creative works, like art or music, is less likely to be considered fair use.
  • There is a distinction between AI models for research and commercial AI models. The USCO notes that "making commercial use of vast troves of copyrighted works to produce expressive content that competes with them in existing markets, especially where this is accomplished through illegal access, goes beyond established fair use boundaries."
  • Developing licensing frameworks have the potential to facilitate lawful AI training, and the Office recommends allowing the licensing market to continue to develop without government intervention at this time, saying "effective licensing options can ensure that innovation continues to advance without undermining intellectual property rights."
You can read the full report here.

ASCAP recognizes both the exciting new possibilities and challenges that generative AI technology raises for creators. We were the first PRO to establish AI principles back in 2023.

We will continue to lead the charge to put Human Creators First and to help our members navigate a rapidly changing technology landscape, just as we have for over a century. For more information on our AI principles and advocacy, visit www.ascap.com/ai.