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Artificial Intelligence Intellectual Property Protection Fair Use

Jaburg Wilk

Two Decisions, Two Distinct Approaches: What Recent AI Copyright Decisions Mean for Authors and Developers

Jaburg Wilk on

As lawsuits over artificial intelligence and copyrights continue to unfold, two recent federal court decisions from the Northern District of California provide early insight—conflicting at times—into how judges will begin to...more

Arnall Golden Gregory LLP

Anthropic’s Great Book Heist: Do the Ends Justify the Means When It Comes to Training AI?

Robin Hood, the legendary antihero, is beloved for stealing from the rich and giving to the poor. But what if he stole from the rich and then gave to his own bank account, with the explicit intent of writing checks to the...more

Verrill

Fair Use and AI: What Buyers and Investors Need to Know

Verrill on

Buy-side investors typically require the target company to represent that it has not infringed on the copyrights or other intellectual property of any third party. Typical language might read: “The operation of the Company as...more

Womble Bond Dickinson

The New Gold Rush: Text and Data Mining Exemptions to Copyright Protection Around the World

Womble Bond Dickinson on

This article is based on a presentation at Womble Bond Dickinson’s AI Intensive: Playbook for Innovation and Risk Mitigation virtual summit on May 20, 2025 (including some updates in respect of the UK due to legislative...more

Venable LLP

Whose Rules Rule? Different Approaches to Key AI and Copyright Fair Use Principles Across the Administration, Copyright Office,...

Venable LLP on

In the past few months, the administration, the Copyright Office, and the courts have weighed in on several material issues at the cross section of copyright law and AI. ...more

Kilpatrick

5 Key Takeaways | Part One: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

Kilpatrick on

Kilpatrick’s Joe Petersen, a partner with more than two decades of experience representing a broad array of clients in litigation, arbitration, and administrative proceedings involving copyright and trademark law, recently...more

Knobbe Martens

[Webinar] Fair Use and Generative AI – What the Meta and Anthropic Cases Mean for Your Business - August 19th, 12:00 pm - 1:00 pm...

Knobbe Martens on

Knobbe Martens attorneys Mark Lezama and Lincoln Essig, along with Sam Olive, Senior Director and Associate General Counsel, Intellectual Property at Cisco, will be hosting a webinar on Copyright and AI: Legal Risk After Meta...more

Miller Canfield

Senators Introduce Legislation to Curb Use of Personal Data and Copyrighted Works for Gen AI Training

Miller Canfield on

We recently discussed the legal developments related to fair use in AI training. Through a bipartisan bill titled the AI Accountability and Personal Data Protection Act (the “Bill”), introduced on July 21, 2025, U.S. Senators...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

Troutman Pepper Locke

Judges Take Divergent Paths to Find AI Training "Fair Use"

Troutman Pepper Locke on

Two California district court judges recently issued competing rulings pertaining to fair use as a defense against the alleged improper use of copyrighted works to train large language models (LLMs). The two orders, issued...more

McDonnell Boehnen Hulbert & Berghoff LLP

Harmonizing AI and Copyright: Fair Use in the Age of Generative Music

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

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

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

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

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

Knobbe Martens

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

Knobbe Martens on

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

Ballard Spahr LLP

Novel Ruling Offers Framework for ‘Fair Use’ of Copyrighted Material for Training AI Systems

Ballard Spahr LLP on

The recent federal court finding—that using copyrighted books to train an AI large language model (LLM) qualifies as fair use—provides some guidance for companies developing or deploying generative AI systems and for...more

Frost Brown Todd

Midjourney Faces Disney Lawsuit Just as Court Backs Fair Use in AI Training

Frost Brown Todd on

On June 11, 2025, Disney and several affiliated production companies filed a federal lawsuit against Midjourney, Inc., a leading artificial intelligence (AI) image-generation platform. The suit alleges “calculated and...more

Jones Day

Two U.S. Courts Address Fair Use in Generative AI Training Cases

Jones Day on

Federal courts continue to address whether training artificial intelligence ("AI") models on copyrighted materials without a license constitutes copyright infringement....more

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