In the past few months, the administration, the Copyright Office, and the courts have weighed in on several material issues at the cross section of copyright law and AI. The White House’s recent announcement of its AI Action Plan offers an opportunity to examine the interesting alignment and discord on key issues relating to fair use.

Specifically, this article dissects three key issues and how they are being considered in the evaluation of fair use: the use of pirated works for training AI models; the “dilution” theory of market harm; and whether legislation and regulation are necessary. While there are clear points of divergence between the White House, the Copyright Office, and the courts, the areas of alignment provide a foundational framework for stakeholders to navigate today’s landscape while also preparing for tomorrow’s inevitable changes.