Glenn Pudelka, a partner in Troutman Pepper Locke’s Intellectual Property Practice Group, was quoted in the June 18, 2025 World IP Review article, “Stamped Out: What Was in the US Copyright Office AI Report?

Glenn Pudelka, partner at Troutman Pepper Locke, says there’s a chance the report could be “pulled” and replaced, which might make courts and others want to weigh this report’s findings differently.

Pudelka points out that the office took a broad view of the fourth fair use factor, which looks at the potential market harm.

 

He notes that the office suggested market dilution could count against a fair use finding.

 

“I think it raises a somewhat controversial issue regarding dilution under the fourth fair use factor, which will garner debate,” Pudelka says.

 

He adds that while the office “tried to stay neutral,” the report also takes a strong stance when it comes to reproduction rights in AI training.

The office outlines that training genAI models does trigger the reproduction right, even potentially in the “weights” that the AI systems use.

Pudelka adds that the outcome could vary depending on the specifics of each case.

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