Pundit ClaimsAI claims by Gary Marcus and Ed Zitron, with the evidence

“Generative AI systems like DALL-E and ChatGPT have been trained on copyrighted materials;”

Things are about to get a lot worse for Generative AI, paragraph 18. The full statement is at the source.

Our reading, the sentence that was checked:

Generative AI systems such as DALL-E and ChatGPT were trained on copyrighted materials.

Assessment: Supported Evidence as of

Where and when Gary Marcus wrote it

Marcus on AI, Things are about to get a lot worse for Generative AI, paragraph 18.

Said
Source observed
live page, full text, public
Evidence as of
the cutoff for this assessment
Assessment recorded
assessment marcus-things-are-about-to-get-a-lot-worse-736dfd-a1

We recorded 9 claims from this post. See every claim from this post.

The wording above is the version this site observed on 2026-10-29. The source may have been edited after 2023-12-29. This page does not claim the wording was captured then.

What the claim commits to

Kind
Observation
Deadline, as the speaker wrote it
None stated. This site does not add one.
Deadline state when assessed
No horizon
Deadline state on 2026-10-29
No horizon (the release’s reference date)

From the speaker

  • Generative AI systems like DALL-E and ChatGPT
  • have been trained
  • on copyrighted materials

Our interpretation

  • This concerns training completed before publication, including earlier versions of the named product families.
  • The post specifies no beginning date for that historical training, so the target period has an open start and ends on December 29, 2023.
  • Copyrighted materials includes licensed material. The claim does not require that the training was unauthorized or unlawful.
  • Both named product families must be covered; evidence about an unrelated model alone would not suffice.

Counts as supported if: Company disclosures or reliable training records establish that copyrighted material was included in training DALL-E and models serving ChatGPT before the post.

Counts as contradicted if: Reliable records establish that a named product family was trained entirely without copyrighted material, for example solely on public-domain or otherwise unprotected data.

Retrospective: these criteria were written after the outcome was public.

Current assessment

Was it true for the period described?

Outcome: Supported

The dated evidence matches what the claim committed to, under the criteria frozen before grading.

Evidence as of
Deadline state when assessed
No horizon
Assessment recorded
Policy version
2026-10-28.7

Rationale

Before the post, OpenAI's CEO confirmed that licensed Shutterstock data had been used to train DALL-E, and OpenAI disclosed licensed content among ChatGPT's training sources. The contemporaneous CRS report also records OpenAI's acknowledged use of copyrighted datasets. Together, these records support the factual claim. Licensing does not remove copyright protection, so authorized use counts.

Limitations

  • The records do not provide a complete inventory of training works or establish which material entered every model version.
  • This assessment does not determine whether any training use infringed copyright.

Evidence (3 items)

  • Supports the claim: Shutterstock,

    critical to the training

    Why it matters here: The announcement confirms that licensed contributor imagery had already been used to train DALL-E by this date. Licensed copyrighted material satisfies the claim regardless of whether its use was authorized.

    Publisher
    Shutterstock
    Kind of source
    Company disclosure: the company describing itself, not an independent finding
    Describes events of
    Public from
  • Supports the claim: OpenAI,

    licensed content

    Why it matters here: OpenAI identifies licensed content as an actual ChatGPT training source. Together with its acknowledged copyrighted-data practice, this supports inclusion of copyrighted content, although it does not identify individual works.

    Publisher
    OpenAI
    Kind of source
    Company disclosure: the company describing itself, not an independent finding
    Describes events of
    Public from
  • Context only: Congressional Research Service, mirrored by EveryCRSReport,

    acknowledges

    Why it matters here: The contemporaneous report corroborates OpenAI's acknowledged copyrighted-data practice. Its underlying admission concerns earlier systems, so it supplements rather than replaces the product-specific disclosures.

    Publisher
    Congressional Research Service, mirrored by EveryCRSReport
    Kind of source
    Secondary summary
    Describes events of
    Public from

Where it was said (1)

Said once in the sources this register covers.

  • : Marcus on AI, Things are about to get a lot worse for Generative AI

    Generative AI systems like DALL-E and ChatGPT have been trained on copyrighted materials;

    Published
    2023-12-29
    Source observed
    , live page
    Access
    full text, public

History

Assessment versions

Recorded events

  1. Assessment publishedBy this site

    First assessment published after both reviews and the final-text check passed.

    About assessment marcus-things-are-about-to-get-a-lot-worse-736dfd-a1.