This is a question that has been working out in the courts. As of the end of 2025, courts have ruled that putting copyrighted material into LLMs or using copyrighted material for training LLMs is considered a transformative use and therefore is exempt under fair use. See in particular the ruling of Bartz v. Anthropic. There are many lawsuits being actively litigated so it is important to know that this is an evolving area of the law. In short, as of now, putting copyrighted material into LLMs has been considered a fair use.
Boxer Library
