News & Analysis as of

Artificial Intelligence Authorship

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: From Trillion-Dollar Risk to Resolution: Settlement in the Anthropic Authors’ Class Action

In a July IP Hot Topic, we wrote about a pivotal summary judgment ruling in Bartz v. Anthropic that added another data point in the newly forming fair use landscape for copyright actions against GenAI companies. In that case,...more

WilmerHale

Primates and Processors: Authorship of Non-Human Authors from Monkey Selfies to Generative AI

WilmerHale on

Many of us remember the case of Naruto, a crested macaque who, perhaps accidentally, took a selfie using a camera placed in the field by a wildlife photographer. If we were interested in copyright law, this case naturally...more

Volpe Koenig

IP Goes Pop! S6 Ep #3 The (Copy)Right Tool for the Job- The Copyright Tool Kit

Volpe Koenig on

Filing for a copyright application doesn’t have to be an overly complex chore. You just need the right tools for the job. In this fun and informative episode, IP Goes Pop! podcast hosts Michael Snyder and Joseph Gushue...more

Baker Botts L.L.P.

South Korean Copyright Office Issues AI Guidance

Baker Botts L.L.P. on

In June 2025, South Korea's Ministry of Culture, Sports and Tourism and the Korea Copyright Commission released two guides related to the intersection of artificial intelligence ("AI") and copyright law. These guides, the...more

Weintraub Tobin

(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

Weintraub Tobin on

In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a...more

Weintraub Tobin

The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

Weintraub Tobin on

In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a...more

DLA Piper

A Chinese Court Finds That AI-generated Images Are Not Protected by Copyright: The Zhangjiagang People’s Court and the ‘Butterfly...

DLA Piper on

We previously wrote about a Chinese court decision that protected the copyright of AI-generated images in the ‘half heart’ case. However, in a recent case, the Zhangjiagang People’s Court (in China’s Jiangsu province) denied...more

Weintraub Tobin

The Briefing: Anthropic, Copyright, and the Fair Use Divide

Weintraub Tobin on

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

Fox Rothschild LLP

Anthropic and Meta Win Major, but Limited, AI Copyright Lawsuits

Fox Rothschild LLP on

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

Venable LLP

Development Contract Considerations for AI-Generated Works and Copyright Ownership

Venable LLP on

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

McCarter & English, LLP

Court Sets New Limits on Use of Copyrighted Materials to Train AI Models

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

Polsinelli

AI vs. Authors: Two California Judges, Two Directions and More Uncertainty on Fair Use and Copyright

Polsinelli on

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

Loeb & Loeb LLP

Kadrey v. Meta Platforms, Inc.

Loeb & Loeb LLP on

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

Loeb & Loeb LLP

Bartz v. Anthropic PBC

Loeb & Loeb LLP on

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

DarrowEverett LLP

AI Created It—But Do You Own It? IP Issues Explained

DarrowEverett LLP on

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

Baker Botts L.L.P.

Kadrey v. Meta - Fair Use as a Matter of Law

Baker Botts L.L.P. on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Copywrong: Authors Miss the Mark(et Harm) when Arguing Meta Didn’t Engage in Fair Use

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

Holland & Hart - Your Trial Message

Keep Doing Your Own Writing

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

Davis Wright Tremaine LLP

The Generative Slate: Two Courts Find Fair Use in GenAI Training

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

Baker Botts L.L.P.

Court Finds Fair Use for AI Training, But Distinguishes Library of Pirated Works

Baker Botts L.L.P. on

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

Ropes & Gray LLP

From Books to Bots: Key Takeaways from the Anthropic Fair Use Decision for AI Developers and Copyright Holders

Ropes & Gray LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Navigating the Legal Landscape of AI-Generated Code: Ownership and Liability Challenges

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

Foster Swift Collins & Smith

Recommendations on AI and Copyrightability from the U.S. Copyright Office’s Latest Report

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

BakerHostetler

Celebrating World IP Day 2025: Music, Innovation, and Intellectual Property

BakerHostetler on

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

Jones Day

JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows

Jones Day on

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

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