text: **Reliance on Copyright Limitations and Exceptions**
  
  Even if a book is in copyright, it’s possible that copying books for AI training may be covered 
  by existing limitations and exceptions to copyright law in particular jurisdictions. For 
  example: 
  
  • In the United States, many argue using existing works to train generative AI is “fair 
  use,” consistent with existing law and legal precedents. 
   This is the subject of a 
  number of currently active court cases, and different actors and tools may yield 
  different results, as fair use is applied case-by-case using a ﬂexible balancing test. 
  
  19 
  
  • In the European Union, there are explicit exceptions in the law for “text and data 
  mining” uses of in-copyright works, both for non-commercial research and for 
  commercial purposes. However, for commercial uses and for users outside of 
  research and heritage institutions, they must respect the rights of rightsholders who 
  choose to “reserve their rights” (i.e., opt-out of allowing text and data mining) via 
   The exception also requires that users have “lawful 
  machine readable mechanisms. 
  access” to the works. 
  
  20 
  
  • Finally, Japan provides a speciﬁc text and data mining exception, without any 
  comparable opt-out requirement for commercial uses as is embedded in EU law.   21 