News & Analysis as of

Artificial Intelligence Fair Use

Farella Braun + Martel LLP

Growing Momentum for AI’s Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings

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

Loeb & Loeb LLP

What Gen AI court rulings mean for content owners and creators

Loeb & Loeb LLP on

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

Weintraub Tobin

(Podcast) 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

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

Smart & Biggar

AI training copies blessed as “fair use” by U.S. Court – Can a similar path be forged in Canada?

Smart & Biggar on

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

Perkins Coie

Court Sides With Meta on Fair Use and DMCA Questions, but Leaves Door Open for Future Challenges

Perkins Coie on

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

Miller Canfield

The Art (and Legality) of Imitation: Navigating the Murky Waters of Fair Use in AI Training

Miller Canfield on

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

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

Farella Braun + Martel LLP

Fair Use at Scale: When Is "Spectacularly" Transformative Use Still Not Fair?

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

Quarles & Brady LLP

Concerned about AI Training Data and Copyrighted Works? New Guidance from the Northern District of California

Quarles & Brady LLP on

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

Ballard Spahr LLP

From Input to Impact: The Market Harm Standard Emerging in AI Fair Use

Ballard Spahr LLP on

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

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

Jackson Walker

Federal Courts Find Fair Use in AI Training: Key Takeaways from Kadrey v. Meta and Bartz v. Anthropic

Jackson Walker on

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

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

Sullivan & Worcester

Open Books, Narrow Rulings: The Northern District of California Grants AI Companies a Limited Fair Use Victory

Sullivan & Worcester on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Fair Use and AI Training: Two Recent Decisions Highlight the Complexity of This Issue

Two recent summary judgment decisions out of the Northern District of California, issued only two days apart, highlight the complexity of deciding whether the unauthorized use of copyrighted works to train large language...more

Baker Botts L.L.P.

Intellectual Property Report July 2025

Baker Botts L.L.P. on

The PTAB has returned to a more flexible and discretionary approach to denying post-grant proceedings, reintroducing the Fintiv factors and adding new considerations such as settled expectations and USPTO workload. These...more

A&O Shearman

Training and deploying AI models around the world: the territorial issues at stake in Getty Images v. Stability AI

A&O Shearman on

AI developers and content owners in the UK and around the world are eagerly anticipating the outcome of the Getty Images v. Stability AI trial. One of the most commercially significant aspects of the case is the relevance of...more

White & Case LLP

Two California District Judges Rule That Using Books to Train AI is Fair Use

White & Case LLP on

Two days apart, two judges in the Northern District of California decided on summary judgment that two examples of using copyrighted works to train AI models were transformative, and ultimately fair use under US copyright...more

Ervin Cohen & Jessup LLP

A Temporary Victory: What the New Anthropic and Meta Rulings Actually Reveal About a Fair Use Defense for Companies Accused of...

Until two weeks ago, no U.S. court had ruled on whether training generative AI models on copyrighted works could constitute a fair use, or if the simple act of training such models without a license would constitute copyright...more

Ropes & Gray LLP

A Tale of Three Cases: How Fair Use Is Playing Out in AI Copyright Lawsuits

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In two recent Northern District of California decisions, AI companies prevailed on a fair use defense after being accused of infringing copyrights in works used to train AI models. The decisions, on their face, seem to...more

Baker Botts L.L.P.

AI Legal Watch: July 2

Baker Botts L.L.P. on

The European Commission recently launched a public consultation on the implementation of the AI Act, primarily focused on the classification (and ultimate regulation) of “high risk” AI systems. The AI Act employs a risk-based...more

McDermott Will & Emery

Fair use or foul play? The AI fair use copyright line

The US District Court for the Northern District of California granted summary judgment in favor of an artificial intelligence (AI) company, finding that its use of lawfully acquired copyrighted materials for training and its...more

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