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Landmark Ruling on AI Copyright: Fair Use vs. Infringement in Bartz v. Anthropic

In one of the first substantive decisions analyzing whether the use of copyrighted works to train large language models (LLMs) for generative artificial intelligence (AI) services is infringing or a fair use, Judge William...more

Disney and Universal Sue Midjourney: Navigating AI Copyright Challenges and Fair Use Implications

The Walt Disney Company and Universal City Studios Productions are among the latest plaintiffs to bring a lawsuit against an artificial intelligence (AI) developer....more

For At Least One AI Developer, Fair-Use Defense Fails Against Copyright Infringement Claims

As several dozen copyright infringement cases against artificial intelligence (AI) developers continue to proceed through the federal courts, a recent ruling in the District of Delaware suggests that the fair-use defense...more

SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI

In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information...more

Generative AI Meets Generative Litigation: News Corp Continues Its Battle Against Perplexity AI

Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity...more

Canadian News Outlets Seek What Could Amount to Billions From OpenAI in New Copyright Infringement Case

OpenAI finds itself embroiled in another major copyright infringement lawsuit — this time in Canada. Similar to cases filed by major news organizations in the United States, a group of Canada’s biggest news and media...more

Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law

As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many...more

AI Copyright Infringement Suit Proceeds in California District Court

In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI...more

Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model

In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more

Breach of Open-Source License Claim Against AI Coding Assistant May Continue, Court Says

In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss. The case joins a recent trend of...more

Supreme Court Rules Against Warhol Estate in Copyright Dispute Over Use of Photo of Prince for Magazine Cover — Potentially...

On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use...more

Protecting and Enforcing IP Rights in the Metaverse

Many brands have taken steps to proactively protect their intellectual property rights for use in connection with metaverse-related goods and services. This may include filing new trademark registrations or purchasing...more

Instagram Embedded in Class Action Copyright Infringement Lawsuit

In May 2021, two photojournalists filed a class action lawsuit against Instagram, alleging that the social media giant allowed and encouraged third parties to ‘embed’ images shared to the platform in violation of copyright...more

New York Court Declares Embedded Instagram Post to be Fair Use, Further Splintering Treatment of Social Media Embeds

In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post...more

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