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Copyright Infringement Intellectual Property 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

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

Troutman Pepper Locke

Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast

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In this episode, Rusty and Austin explore the potential legal hurdles they might encounter if they were to venture into creating their own hospital drama. With the television landscape already saturated with series like ER,...more

Seyfarth Shaw LLP

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

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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

Jackson Walker

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

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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

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

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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

Weintraub Tobin

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

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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

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

Dorsey & Whitney LLP

ER and The Pitt-falls of a Frozen Rights Provision

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Michael Crichton, author, director, and visionary created works that resonate today like Jurassic Park, Twister, Westworld, and ER. Now, his estate is suing the production team and leading actor of the newly released medical...more

Jones Day

The UK Getty Trial: Key Takeaways on the AI/Copyright Case

Jones Day on

Getty Images ("Getty") alleged copyright infringement by Stability AI ("Stability"), including claims of direct copying during artificial intelligence ("AI") training and output generation, as well as secondary copyright...more

Roetzel & Andress

Think Before You Post: Notable Case Demonstrates Dangers of Using Unlicensed Music in Social Media Marketing

Roetzel & Andress on

Warner Music Group initiated a copyright infringement lawsuit against DSW Designer Shoe Warehouse and its parent company, Designer Brands Inc. Warner Music Group accuses DSW of using over 200 recordings and compositions owned...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

Husch Blackwell LLP

Recent Decisions Clarify Fair Use Doctrine in AI Context

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Two Northern District of California courts handed down decisions last week in two key copyright lawsuits that challenged the use of copyrighted print and digital books in training the large language models (LLMs) that are at...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

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

Frost Brown Todd

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

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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

Volpe Koenig

Intellectual Property in Popular Culture: When IP Goes “Pop”

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Like other areas of law, intellectual property (IP) is often depicted as part of a plot point in popular culture, such as movies and television. In addition, lP is often mentioned in the mass media, particularly when any...more

McDonnell Boehnen Hulbert & Berghoff LLP

Copywrong: Authors Miss the Mark(et Harm) when Arguing Meta Didn’t Engage in Fair Use

Weighing in just two days after Judge Alsup of the U.S. District Court for the Northern District of California issued his fair use summary judgment opinion in Bartz v. Anthropic, Judge Chhabria (also of the Northern District...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

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