Fair Use Watch | 2026 Edition
Project Leads: Halata Zehra and Sadaf Shabbir Siddiqui
Co-Curators: Arisha Malik, Ali Akhlaq Khan, Kushagra Srivastava, and Nashra Fatima
Special Mention: Shemaa Sarwar and Nadia Khan
Team, Virtuosity Legal
FAIR USE WATCH
Tracking interpretation of Fair Use in training of LLMs around the world.
Click on the banner to read the Report
The aim of this repository is to critically assess whether the use of copyrighted works in AI training can be justified under the fair use doctrine, and to highlight the inconsistencies and unanswered questions that remain in judicial reasoning. It seeks to provide clarity on how courts apply the four statutory factors of fair use, i.e., purpose and character, nature of the work, amount and substantiality, and market effect, when confronted with disputes involving generative AI. The objective is not only to document existing case law but also to underscore the broader implications of these rulings for authors, AI developers, and society at large.
The entire report follows a uniform sequence, for the better understanding of the reader, the sequence has been reproduced below:
-Jurisdiction
-Laws Applicable
-Cases and Analysis
-Approach of the Courts
Note: Please access the repository on a Desktop for better experience.
“The necessity of this repository arises from the unresolved legal and ethical challenges posed by generative AI. Although courts have acknowledged the risks posed by generative AI, such as the displacement of human creativity and the erosion of incentives for authors, they have often stopped short of providing clear regulatory principles. Judgments frequently hinge on evidentiary shortcomings rather than substantive rulings, leaving critical questions unresolved. This repository therefore serves as both a scholarly resource and a policy-relevant guide, offering a structured analysis of statutory provisions, case briefs, and judicial reasoning, while also pointing to the gaps that demand future legislative and judicial attention.”
Team
The First Edition of the Annual Report was released on 02nd May, 2026 by Team, Virtuosity Legal.
Meet the brains behind it:
Halata Zehra
Project Lead
Sadaf Shabbir Siddiqui
Project Lead
Arisha Malik
Co-Curator
Ali Akhlaq Khan
Co-Curator
Kushagra Srivastava
Co-Curator
Nashra Fatima
Co-Curator
Shemaa Sarwar
Special Mention
Nadia Khan
Special Mention