How to Think About Remedies in the Generative AI Copyright Cases

Some commentators are convinced these training data claims are sure winnersb; others are equally sure the use of works to train foundation models is fair use, especially if the datasets consist of digital copies of works found on the open Internet.c It may be years before courts decide these and other claims in these lawsuits. Virtually all complaints ask for awards of actual damages and disgorgement of profits attributable to infringement, prejudgment interest, attorney fees, and costs. Most ask for injunctive relief and any other remedy the court may deem just. In these respects, the complaints are quite ordinary. But three types of remedy claims merit special attention: claims for awards of statutory damages; court orders to destroy models trained on infringing works; and most bizarrely, court orders to establish a regulatory regime to oversee generative AI system operations.