News & Analysis as of

Artificial Intelligence Intellectual Property Litigation Copyright

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

IP Hot Topic: A Clash in California: Judicial Tug of War Between the Primacy of Transformative Use and Market Effect in GenAI Fair...

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

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

Weintraub Tobin

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

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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

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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

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

Bartz v. Anthropic PBC

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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

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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

Baker Botts L.L.P.

Intellectual Property Report July 2025

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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

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

Knobbe Martens

Fair Use and the Future of Generative AI: Lessons from the Meta and Anthropic Copyright Cases

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With the release of ChatGPT in late 2022, generative AI entered the cultural zeitgeist. Not surprisingly, within a few months, the first generative AI lawsuits were filed in the U.S. (e.g., Andersen v. Stability AI, Getty v....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

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

Ervin Cohen & Jessup LLP

Timbaland & Suno Highlight The Legal Risks of AI Music Tools

Suno is a leading AI-powered music generation platform which transforms simple text prompts, images, videos, or audio clips into fully produced songs complete with vocals and instrumentation. Last week, renowned music...more

Baker Botts L.L.P.

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

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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

Lowenstein Sandler LLP

Pair of Federal Court Rulings Find Fair Use in AI Model Training

Lowenstein Sandler LLP on

In the past week, two significant rulings from the Northern District of California addressed the application of the fair use doctrine to the use of copyrighted books in training large language models (LLMs). Both Meta...more

Ropes & Gray LLP

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

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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

Ervin Cohen & Jessup LLP

Major Studios Strike Back: Disney & Universal Sue Midjourney Over AI-Created Characters

On June 11, 2025, Disney (including Lucasfilm, Marvel, and 20th Century Studios) and Universal Pictures (including DreamWorks) filed a Complaint for direct and secondary copyright infringement in the Central District of...more

Knobbe Martens

AI and Copyright: Navigating the Legal Maze with Liz Rothman

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In this episode of Knobbe IP+, Knobbe Martens partner Mark Lezama is joined by attorney and emerging technology advisor Liz Rothman to discuss the complex topic of artificial intelligence and copyright law. During their...more

Greenberg Glusker LLP

[Webinar] AI Meets IP: Navigating Legal Minefields in the Age of Artificial Intelligence - June 24th, 2:00 pm - 3:00 pm PDT

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As artificial intelligence continues to transform creative industries, the legal landscape is racing to catch up. Join entertainment attorney Sky Moore for a discussion on the key intellectual property, licensing, and...more

Baker Botts L.L.P.

Intellectual Property Report June 2025

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Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade...more

Dorsey & Whitney LLP

INTA in Sunny San Diego: A Quick Wrap-Up

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The Dorsey Trademark, Copyright + Advertising team is back from the 2025 International Trademark Association Meeting. It was one for the books. We mixed and mingled with old and new colleagues and as well as our friends from...more

Mayer Brown

Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks

Mayer Brown on

As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual...more

DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

Amundsen Davis LLC

[Webinar] Breakfast Briefing: Navigating IP Rights in the AI Boom - May 7th, 12:00 pm - 1:00 pm CT

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Artificial intelligence (AI) is increasingly being integrated into business models across industries and it is not hard to see why. After all, it can increase operational efficiency and reduce costs by quickly creating...more

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