AI training and copyright: the first big ruling
For the first time, a US court has weighed in on whether training AI on books is fair use. The answer was nuanced — and it matters to anyone who publishes content online.
By the Xuru Technologies team · 25 June 2025
Key takeaways
- On 23 June 2025, in Bartz v. Anthropic, Judge William Alsup ruled that training on lawfully acquired books was fair use.
- He found the use "transformative" but allowed claims over pirated copies held in a central library to proceed to trial.
- It is one ruling in one court; other cases may reach different conclusions.
- Businesses should decide how they want AI crawlers to treat their content and protect original work.
Every business that writes blog posts, guides or product descriptions is, in a sense, a publisher. How AI companies may use that content is now a live legal question.
What happened
As Akin and ArentFox Schiff explain, the court distinguished between using purchased and scanned books for training, which it found fair use, and downloading pirated copies, which it did not excuse.
What it means for businesses
- Your public content may be used in AI training unless you take steps to limit crawlers, and even then rules are evolving.
- Visibility vs control is a trade-off. Blocking AI search crawlers can remove you from AI answers.
- Original, expert content keeps value. First-hand experience and data are hard for AI to replicate.
- Use AI tools responsibly — don't publish AI output that copies others' work.
What to do now
| Decision | How |
|---|---|
| Which AI crawlers to allow | Configure robots.txt for search vs training crawlers |
| Protect premium content | Keep it behind login or licence terms |
| State your terms | Add content-use terms to your website |
| Create original work | Publish your own data, cases and expertise |
Frequently asked questions
Can I stop AI companies training on my website?
You can signal preferences with robots.txt for crawlers that respect it, and some providers offer opt-outs. It is not a complete guarantee.
Will blocking AI crawlers hurt my visibility?
Blocking crawlers used for AI search can reduce your presence in AI answers. Many sites allow search crawlers while limiting training crawlers.
Is this ruling final?
No. It's a district court decision in one case; appeals and other cases will shape the law further. This is not legal advice.
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