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(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide
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Richard Meneghello of Fisher Phillips on How Smart Content Can Set Your Firm Apart - Passle's CMO Series EP175
Feeling Disillusioned with AI? You’re Not Alone
A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That...more
Recently, major technology companies, Anthropic and Meta each secured landmark victories in separate copyright lawsuits. The companies had been sued by authors and their publishers, regarding claims that these companies’ AI...more
In a recent ruling from the U.S. Court of Appeals for the D.C. Circuit, the court refused to register a work where its sole author was an artificial intelligence (AI) tool. This holding is in line with the Copyright Office’s...more
The rapid adoption of artificial intelligence (AI) has sparked a pressing legal debate over how copyrighted materials can be used to train generative AI systems, particularly large language models (LLMs), without permission...more
Key Takeaways - Courts Lean Toward Fair Use for AI Training: Two California rulings suggest that using copyrighted works to train artificial intelligence (AI) may be considered fair use if outputs are transformative and do...more
District court holds that Meta’s downloading of books from online “shadow libraries” and use of such books to train its Llama large language models constitutes fair use, but endorses “market dilution” theory of harm as...more
District court holds that Anthropic’s use of books to train its Claude large language models and its use of purchased copies of books to create digital permanent library constitute fair use, but its use of pirated books to...more
As artificial intelligence (AI) technologies increasingly generate content, designs, code, inventions, and even music, businesses face a pressing legal question: who owns the output when a machine creates it? The legal...more
Kadrey v. Meta! On the merits! A doozy of a summary judgment opinion in form and substance. "The devil is in the details," but even for non-lawyers, at least the first five pages are a must-read - there are almost no legal...more
Weighing in just two days after Judge Alsup of the U.S. District Court for the Northern District of California issued his fair use summary judgment opinion in Bartz v. Anthropic, Judge Chhabria (also of the Northern District...more
I’m old enough to feel okay claiming full “curmudgeon” status when it comes to A.I. as a writing tool. I know some will say that puts me behind the times, and others will say that I’m missing out on opportunities. But the...more
This article is part of DWT's The Generative Slate series. It explores the use of generative AI in the production and distribution of content. After nearly two years since the first lawsuit involving generative AI (GenAI)...more
In a significant development for the field of artificial intelligence and copyright law, the U.S. District Court for the Northern District of California has issued a ruling in a case brought by a group of authors against AI...more
On June 23, 2025, the United States District Court for the Northern District of California issued a significant order in Bartz, et al. v. Anthropic PBC, clarifying the application of the fair use doctrine to the use of...more
Programming is rapidly transforming from a manual, line-by-line exercise into an iterative collaboration between programmers and their large language model (LLM) of choice. Working inside modern integrated development...more
The United States Copyright Office (the “Office”) released the latest part in its Report on Copyright and Artificial Intelligence on January 29, 2025. Part 1, titled “Digital Replicas” was published on July 31, 2024 and...more
Another year, another celebration of intellectual property (IP) on World IP Day. This time, the World Intellectual Property Organization is focusing on IP and music: World Intellectual Property Day 2025 highlights how...more
Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can...more
Interesting and provocative report published today by the Tony Blair Institute concerning proposed reforms to UK copyright law....more
Recently, the U.S. Copyright Office published the second of an intended three-part report entitled “Copyright and Artificial Intelligence.”...more
Summer must be coming, because the courts are starting to heat up with copyright decisions in artificial intelligence (AI) cases. We’ve previously written here, here, and here about Dr. Stephen Thaler’s attempts to register...more
In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more
The DC Circuit has reaffirmed and reinforced longstanding Copyright Office policy that only humans can be authors....more
The recent decision in Thaler v. Perlmutter et al., No. 23-5233 (D.C. Cir. 2025) offers continued guidance on whether “authorship” can be attributed to AI systems (i.e., non-humans) under Copyright Law. The D.C. Circuit...more
Last week, the D.C. Circuit upheld the Copyright Office’s refusal to register the copyright in this image, which was created entirely by AI. This is consistent with longstanding precedent (in the US, at least) that only...more