AI Fair Use Rulings Are Built on an Assumption No Court Has Examined
First filing of The AI Rights Project’s amicus program: In re Mosaic LLM Litigation A premise nobody has examined is
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First filing of The AI Rights Project’s amicus program: In re Mosaic LLM Litigation
PHOENIX, AZ, UNITED STATES, August 27, 2026 /EINPresswire.com/ — The AI Rights Project moved on August 26 for leave to file an amicus curiae brief, in In re Mosaic LLM Litigation, No. 3:24-cv-01451-CRB (N.D. Cal.), before Judge Charles R. Breyer.
Two decisions in the Northern District of California have held that using lawfully obtained copyrighted works to train an AI model is noninfringing fair use. No permission is needed. No payment is required. Both reached that result by treating machine training as equivalent to human reading—in Bartz v. Anthropic PBC (N.D. Cal. 2025), the court described training as the statistical discovery of relationships among word fragments, then called it “like any reader aspiring to be a writer.”
Neither court examined whether the two are alike in the way that matters. Where copying reaches for a work’s expression, fair use has always assumed a person exercising creative judgment that relates the material to a new purpose. Machine training displaces that assumption.
“A premise nobody has examined is now doing the heaviest work in U.S. copyright law,” said Jim W. Ko, Founder and Executive Director of The AI Rights Project. “That should concern people regardless of which side of these cases they are on.”
The brief does not argue that the fair use defense fails. It argues that if the assumption does not hold, extending copyright’s fair use doctrine to reach machine-scale training is a decision for Congress rather than one a court should make by analogy.
The brief is the first filing of The AI Rights Project’s amicus program, which applies its Human Baseline Framework—identifying where AI systems displace the human-scale assumptions embedded in legal doctrine—to precedent-setting AI litigation. The AI Rights Project has no stake in which party prevails and accepts no funding from the major AI developers.
Full brief and amicus program: https://airightsproject.org/in-the-courts/
ABOUT THE AI RIGHTS PROJECT
The AI Rights Project is an independent, nonpartisan 501(c)(3) public-interest organization empowering students, creators and citizens to understand and assert their rights in the AI age.
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Media Contact: Jim W. Ko, Founder & Executive Director
press@airightsproject.org
Jim W. Ko
The AI Rights Project
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