Did AI platforms just get a free pass to ignore copyright protection? Is it constitutional?

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[The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.  So says the Intellectual Property Clause, Article I, Section 8, Clause 8, of the United States Constitution.

According to the Congress.gov Web site operated by the United States Congress, the IP Clause is both a grant of power and a limitation. The Clause’s plain language requires that the exclusive rights can only persist for limited Times.

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But on July 23, 2025, in an effort to promote American AI leadership, US president Donald Trump sided with technology companies by dismissing the ownership concerns of copyright holders.

“It’s so important,” said Trump. “You can’t be expected to have a successful AI program when every single article, book or anything else that you’ve read or studied, you’re supposed to pay for.”

“We appreciate (copyright concerns) but you just can’t do it (meaning, protect your intellectual property)… “When a person reads a book or an article, you’ve gained great knowledge. That does not mean that you’re violating copyright laws or have to make deals with every content provider,” Trump said

But the US Copyright Office says that “As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.”

Meanwhile, even Trump’s own copyrighted content is threatened by theft. Accoring to reporting by The Guardian, “The AI age must cherish the value of intellectual property if we are collectively to realize our potential.” News Corp said in a statement with its fourth-quarter earnings report, “Even the president of the United States is not immune to blatant theft. The president’s books are still reporting healthy sales, but are being consumed by AI engines which profit from his thoughts by cannibalizing his concepts, thus undermining future sales of his books. Suddenly, The Art of the Deal has become The Art of the Steal.”

News Corp is publisher of three Trump-authored books.

We should watch how this develops, very carefully.

Further reading

Intellectual Property Clause. Article I, Section 8, Clause 8. United States Constitution. Constitution Annotated, Analysis and Interpretation of the U.S. Constitution. US Congress (.gov)

How long does copyright protection last? Article. Accessed July 23, 2025. US Copyright Office

Trump plans to give AI developers a free hand. Article. July 23, 2025. The New York Times

News Corp. warns Trump AI is pillaging contents of The Art of the Deal. Article. August 5, 2025. The Guardian (UK)

US Senate hearing on AI training: “The largest intellectual property theft in American hostory,” July 17, 2025. by Steven Hawley. Piracy Monitor

Why it matters

Congress holds the power to regulate copyright.  On July 22, the Speaker of the House placed the House of Representatives on summer holiday.  In its current incarnation, it’s difficult to know how the House will respond upon its return.

But given the US Senate judiciary hearing last week, which decried AI training as the “largest intellectual property theft in American hostory,” Piracy Monitor hopes that saner minds will prevail.

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