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Home/Market & Regulation
Market & Regulation

DOJ Seeks AI Training Safe Harbor via Fair Use

Music Tech Policy·September 3, 2026·high confidence

Why it matters

  • →DOJ's proposal could redefine fair use in the context of AI training.
  • →It may set a precedent for using copyrighted works without explicit permission.
  • →This could significantly impact the balance between AI innovation and copyright protection.

The U.S. Department of Justice is advocating for a legal framework that would permit AI developers to use copyrighted works for training purposes under the guise of fair use. This proposal, if accepted by the courts, would bypass Congress and establish a de facto safe harbor for AI training. The DOJ argues that AI training is highly transformative, thus justifying the use of copyrighted material without needing licenses. This move could have significant implications for authors and creators, as it prioritizes the growth of the AI industry over existing copyright protections.

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