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(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide
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Feeling Disillusioned with AI? You’re Not Alone
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
Generative AI (GenAI) algorithms require data inputs to analyze, transform, and generate content. But does using copyrighted material without prior authorization for training or operating these algorithms infringe on the...more
In previous Snippets articles and AI News Roundups, we introduced the current lawsuits between the Recording Industry Association of America (RIAA) and two of the largest generative AI music companies, Suno and Udio. To...more
2025 Summer Associate Wade Marshall contributed to this article. Recently, two Northern District of California decisions revealed fault lines in the forming fair use terrain for GenAI copyright infringement actions. Both...more
Dealmaking in the AI space, which started more than a decade ago, is brisk. We have ben covering it from the perspective of mergers and acquisitions, litigation, and legislation. Our acquisitions piece has an new interactive...more
Within the same week, two judges in the Northern District of California issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted works to...more
Recent court decisions in two highly publicized Gen AI cases favored the platforms and may start to reduce the concerns over using Gen AI. But content owners and those working for them should still understand the legal...more
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
Judge Alsup’s summary judgement order in Bartz v Anthropic PBC1 released June 23, 2025 is making waves in the copyright and AI world. The order, issued out of the United States District Court for the Northern District of...more
Key Takeaways - Judge Chhabria recently granted summary judgment for Meta Platforms, Inc. (Meta) in two key rulings finding that: - Meta's use of copyrighted books to train LLMs is fair use due to its highly...more
As generative AI technology advances, the legal battles over the use of copyrighted materials for training these models are heating up. In the first wave of lawsuits the courts have diverged in their approach to fair use as a...more
It both rivals and compounds the transformation brought to us by advancements in computing technology, mobile technology, and the internet. The rapid evolution and commercialization of artificial intelligence (AI) tools has...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
The recent ruling in a lawsuit against Anthropic highlights a growing complexity in how courts are approaching fair use in the context of AI training. Judge William Alsup held that developing Anthropic’s Claude model was...more
Two recent district court opinions from the Northern District of California, filed within days of each other address the use of copyrighted material in training data in two separate market dominating Large Language Models...more
Another federal court recently ruled that using copyrighted books to train artificial intelligence (AI) systems can qualify as fair use under the U.S. Copyright Act. This time, the court said that, because the issue of market...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
With major legal battles unfolding in both the UK (Getty v. Stability AI) and the U.S. (including Kramer v. Meta, The New York Times v. OpenAI, and Bartz v. Anthropic), the outcomes are set to reshape the entire AI landscape....more
On July 10, 2025, after nearly a year of work involving experts and thousands of AI industry participants, the European Commission published its General-Purpose AI Code of Practice, establishing the first detailed compliance...more
In recent days, two federal judges in the Northern District of California issued significant decisions covering the intersection of artificial intelligence (AI) and copyright law. Specifically, in Bartz v. Anthropic PBC and...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
Since generative AI began its rapid ascent in 2022, the creative, tech and legal industries have grappled with a fundamental question: does using copyrighted works to train AI models violate the rights of creators, or does it...more
The New York Times v. OpenAI litigation has garnered significant attention as a landmark copyright dispute; however, it has rapidly evolved into a global data privacy conflict that will inform how enterprises approach AI and...more