The use of creative content like artwork, photographs, textual materials and musical recordings to train machine learning (“ML”) models, which in turn enable various artificial intelligence tools and services, raises complex and unique issues regarding the scope of the fair use doctrine. The applicability of the fair use doctrine can be impacted by numerous considerations, including the type of ML model being trained, the intended output of the software that subsequently relies on the trained ML model, and the availability of licensing markets for such uses.