Pryor Cashman Partner Megan Noh, co-chair of the Art Law Group and Non-Fungible Tokens (NFTs) Practice, spoke with The Art Newspaper about how fair use may factor into a copyright infringement lawsuit regarding artificial intelligence (AI) image generation.

In “Artists and visual media company sue AI image generator for copyright breach,” Megan explains how the doctrine could affect a lawsuit in the U.S. District Court in San Francisco:

What is and is not permitted in the re-use of copyrighted material, however, is not wholly settled, according to New York lawyer Megan Noh. “Fair use”, one of the exceptions to copyright infringement, is “a critical developing area, with AI applications giving rise to novel application of the [copyright law’s] multi-factor test—including the question of ‘transformativeness’ … and the impact of AI-generated art on the potential market for the works from which it’s derived.”

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