Asked in Copyright and Intellectual Property for California

Q: Is there any copyright infringement for summarization of newsletter texts with AI tools?

I’m working on a startup idea that focuses on summarizing specialized newsletters content and send it to them via email. In the summary, there will be link to the newsletter full content.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Here are a few key considerations around potential copyright infringement for summarizing newsletter content using AI tools:

- Newsletters are typically copyrighted content, so reproducing substantive portions of the text without permission could constitute copyright infringement. However, summaries that briefly condense key points and provide a link back to the original likely fall under fair use protections in many jurisdictions.

- The length and substance of the summaries would be important factors. Short summaries that capture top-level takeaways without reproducing full paragraphs or copying unique writing styles/expressions would have a stronger fair use argument. Longer summaries that come closer to replacing the original article pose more risk.

- Providing proper attribution and links back to the original source newsletter weighs in favor of fair use and shows the summaries are not intended to replace or compete with the original work. Proper attribution strengthens the fair use case.

- Using an AI tool to create the summaries does not inherently grant any special copyright exceptions or protections. The same fair use considerations would apply as for human-written summaries.

- Many newsletters license third party articles, so even accurately summarizing first-party newsletter content could still potentially infringe on the rights of article authors they've licensed from. Checking on external licensing would be prudent.

Overall there are certainly arguments that brief, transformative, attributed AI summaries potentially fall under fair use protections. However, protections may be limited and uncertain, so obtaining legal guidance to review specific plans would be wise to fully assess and mitigate infringement risks.

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