Microsoft will assume liability for legal copyright risks of Copilot
It's likely that generative AI in general will be deemed fair use, due to its (generally) transformative nature. Sure, if you really coax it, you can get code or images out that look similar to existing ones, but the courts might see that generally speaking, it produces new content that has not been seen before, especially in the case of images.Google Books literally copied and pasted books to add to their online database and that was deemed fair use, so something much more transformative like generative AI will likely fall under much broader consideration for fair use. Google Books was, yes, non-commercial, but the courts generally have the provision that the more transformative something is, the less it needs to adhere to the guidelines laid out for determining such fair use.https://ogc.harvard.edu/pages/copyright-and-fair-use