Lockhart Argues AI Distillation Is Fair Use on Bluesky

Legal scholar Eleanor Lockhart stated on Bluesky that AI model distillation constitutes fair use under current copyright law. Lockhart further predicted that courts will likely establish that unmodified AI-generated output cannot be copyrighted. These remarks address two central questions in ongoing intellectual property disputes involving generative AI companies and rights holders. The assertion that distillation qualifies as transformative use directly contradicts arguments presented by plaintiffs in multiple federal lawsuits alleging unauthorized training. Lockhart’s prediction regarding output copyrightability aligns with existing U.S. Copyright Office guidance but remains untested in appellate courts. Industry stakeholders are closely monitoring how such legal theories influence settlement negotiations and legislative proposals. The comments highlight the persistent divide between legal academics favoring broad fair use interpretations and creators seeking stricter protections for their works used in AI training datasets.