Anthropic Claims Fair Use Defense in Music Publishers' Copyright Battle Over AI Training Data

By Marcus Bennett

December 12, 2024 at 08:47 AM

Anthropic has formally responded to music publishers' preliminary injunction request in their ongoing copyright infringement dispute, asserting that using copyrighted content to train large language models (LLMs) constitutes fair use.

Microchip with AI text overlay

Microchip with AI text overlay

The dispute began when Universal Music, Concord, and ABKCO sued Anthropic, claiming unauthorized use of their compositions in AI training and alleging that Anthropic's Claude AI assistant reproduced song lyrics without attribution.

Key points from Anthropic's 40-page response:

  • Training LLMs on copyrighted content qualifies as fair use
  • Publishers haven't demonstrated irreparable harm
  • Similar cases nationwide proceed without preliminary injunctions
  • Anthropic offered to implement additional safeguards
  • Song lyrics aren't typical Claude AI outputs

Anthropic argues that requiring licenses for AI training would make general-purpose AI tools impossible, stating: "One could not enter licensing transactions with enough rights owners to cover the billions of texts necessary to yield the trillions of tokens that general-purpose LLMs require."

Additional arguments include:

  • Venue challenge (citing no relevant connection to Tennessee)
  • Claims that publishers themselves generated the alleged infringing copies through their prompts
  • Publishers delayed several months before taking legal action

Anthropic logo on black background

Anthropic logo on black background

Anthropic maintains that if the publishers ultimately prevail, monetary damages would be sufficient remedy, eliminating the need for preliminary injunctive relief.

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