Copyright Alliance CEO argues AI firms cannot claim fair use via piracy

Copyright Alliance CEO Keith Kupferschmid argued in a blog post that AI companies cannot successfully assert fair use defenses if they acquired training data through alleged copyright infringement. Citing the equitable Unclean Hands Doctrine, Kupferschmid stated that courts may deny relief to parties engaging in unethical conduct related to the dispute. The article contends that acquiring copyrighted works without authorization constitutes unclean hands, potentially invalidating transformative use arguments central to AI industry legal strategies. This position challenges the prevailing defense that AI training inherently qualifies as fair use regardless of data sourcing methods. The Copyright Alliance represents content creators and has consistently opposed unauthorized AI training practices. Kupferschmid’s analysis suggests that ongoing lawsuits against AI firms may hinge on proving illicit data acquisition rather than debating transformation alone. Legal experts note that while the doctrine exists in equity law, its application to large-scale machine learning remains untested in federal courts regarding generative AI models.