As a private organization, the American Law Institute has the right to engage in work that it thinks will benefit the field of law. Having said that, there is broad concern that the evolution of this project, and the well known bias of the Reporter will result in a misstatement of the law and that, unless stopped, the imprimatur of ALI will lead those less familiar with copyright law to accept the Restatement at face value.
Source: When is a Restatement Not a Restatement? ALI’s Highly Original Copyright Journey