thorny legal question
AI's future could hinge on one thorny legal question
While the Google Books case might work in the tech firms' favor, the fair-use picture was muddied by the Supreme Court's recent decision in a case involving artist Andy Warhol's use of a photograph of the rock star Prince, said Daniel Gervais, a professor at Vanderbilt Law and director of its intellectual property program. The court found that if the copying is done to compete with the original work, "that weighs against fair use" as a defense. So the Times's case may hinge in part on its ability to show that products like ChatGPT and Bing compete with and harm its business.