Understanding CC Licenses and Generative AI

"Many wonder what role CC licenses, and CC as an organization, can and should play in the future of generative AI. The legal and ethical uncertainty over using copyrighted inputs for training, the uncertainty over the legal status and best practices around works produced by generative AI, and the implications for this technology on the growth and sustainability of the open commons have led CC to examine these issues more closely. We want to address some common questions, while acknowledging that the answers may be complex or still unknown....

You can use CC licenses to grant permission for reuse in any situation that requires permission under copyright. However, the licenses do not supersede existing limitations and exceptions; in other words, as a licensor, you cannot use the licenses to prohibit a use if it is otherwise permitted by limitations and exceptions to copyright.

This is directly relevant to AI, given that the use of copyrighted works to train AI may be protected under existing exceptions and limitations to copyright. For instance, we believe there are strong arguments that, in most cases, using copyrighted works to train generative AI models would be fair use in the United States, and such training can be protected by the text and data mining exception in the EU. However, whether these limitations apply may depend on the particular use case...."