Commentator questions AI fair use defense beyond copyright

Legal commentator James R. Ball stated on October 7, 2026, that artificial intelligence systems might struggle to apply fair use defenses outside traditional copyright contexts. Ball acknowledged that AI developers could potentially succeed in arguing fair use for training data under current copyright doctrine. However, he cautioned that this legal shield may not extend to adjacent areas such as right of publicity, privacy torts, or terms-of-service violations. The analysis suggests that even if courts validate AI training as transformative use, plaintiffs retain alternative legal theories to challenge model development. This perspective highlights the fragmented nature of AI litigation risks beyond intellectual property statutes. Legal experts note that fair use is a copyright-specific doctrine without automatic applicability to state-level personal rights claims. Consequently, AI firms may face sustained liability exposure despite favorable copyright rulings.