News & Analysis as of

Copyright Infringement Copyright Litigation

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

Katten Muchin Rosenman LLP

Beige Battle: Social Media Influencers Settle Dispute Over Minimalist Brand Identity - The Katten Kattwalk | Issue 29

On May 28, two "frenemy" social media influencers informed a federal court in Texas that they had settled a lawsuit in which one of them accused the other of infringing on her copyrighted social media posts on Instagram and...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

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

Mogin Law LLP

Artificial Intelligence Litigation Roundup: The First Wave

Mogin Law LLP on

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

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

Seyfarth Shaw LLP

Up, Up, and Litigated: Superman’s 87-Year Copyright War

Seyfarth Shaw LLP on

Superman has soared back onto the big screen, and unless you’ve been locked in the Fortress of Solitude, you already know his origin story: Rocketed from the doomed planet Krypton. Raised in Kansas. Secretly, a mild-mannered...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

A&O Shearman

Copyright in AI: key implications from ongoing legal cases

A&O Shearman on

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

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

Vondran Legal

Being Pursued by Backgrid USA for Photo Infringement?

Vondran Legal on

According to the lawsuit referenced above filed against Twitter in 2022: Backgrid is the world's premier celebrity-related photograph agency and provides highly sought-after images of celebrities around the world to top...more

Weintraub Tobin

The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement

Weintraub Tobin on

The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the...more

Weintraub Tobin

(Podcast) The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement

Weintraub Tobin on

The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the...more

Seyfarth Shaw LLP

Use of Floorplans in Real Estate Listings is Permissible Under U.S. Copyright Law

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Floor plans are a key part of real estate listings, providing fundamental information about the layout of a building to prospective buyers or renters. But home designer Charles James and his company Designworks Homes, Inc....more

Nelson Mullins Riley & Scarborough LLP

From Copyright Case to AI Data Crisis: How The New York Times v. OpenAI Reshapes Companies’ Data Governance and eDiscovery...

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

McDermott Will & Emery

Supreme Court to consider whether ISPs can be liable for contributory copyright infringement

McDermott Will & Emery on

The Supreme Court of the United States has agreed to review whether an internet service provider (ISP) can be liable for copyright infringement for providing an internet connection that leads to piracy. Cox Communications,...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

Vondran Legal

ASCAP Calls Out Alleged Infringers Publicly Citing Lawsuits Filed

Vondran Legal on

We have talked about this in other blogs; ASCAP is getting aggressive in enforcing their legal rights when restaurants, bars, fitness centers and other establishments play copyrighted music without having the proper BMI,...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

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