News & Analysis as of

Copyright Infringement Risk Management

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

Roetzel & Andress

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

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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

Baker Botts L.L.P.

AI Legal Watch: July 2

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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

DarrowEverett LLP

AI Created It—But Do You Own It? IP Issues Explained

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As artificial intelligence (AI) technologies increasingly generate content, designs, code, inventions, and even music, businesses face a pressing legal question: who owns the output when a machine creates it? The 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

Troutman Pepper Locke

Fair Is Fair? Navigating Product Integration and Clearance for Content Creators

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When you are in the business of creating content, it’s crucial to know when licenses or permissions are required to use the intellectual property of others (such as copyright and trademarks). In this article, we explore what...more

Loeb & Loeb LLP

Court Orders OpenAI to Retain All Output Log Data: Considerations for ChatGPT Users

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In the ongoing copyright infringement case brought by The New York Times against OpenAI and Microsoft (The New York Times Company v. Microsoft Corporation et al., Case No. 1:23-cv-11195 (S.D.N.Y.)), Judge Ona T. Wang recently...more

Smith Anderson

Copyright Liability Could Cost You and Your Business

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Businesses can unknowingly infringe others’ copyrights in all kinds of ways. It’s important for copyright holders to know their rights. It’s also important for those using copyrighted content to be aware of common pitfalls...more

Fenwick & West LLP

As AI Colors Fashion, Copyright Remains a Gray Area

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A U.S. federal appeals court recently ruled that works generated solely by artificial intelligence are not eligible for copyright protection. ...more

Warner Norcross + Judd

Is Your Company’s Insurance Ready for AI Challenges?

Artificial intelligence (AI) is attracting widespread attention due to its significant potential to transform how businesses operate. However, new technology also brings the risk of potential harm due to unforeseen defects,...more

Sheppard Mullin Richter & Hampton LLP

Indian Music Industry Enters the Global Copyright Debate Over AI

The legal battles surrounding generative AI and copyright continue to escalate with prominent players in the Indian music industry now seeking to join an existing lawsuit against OpenAI, the creator of ChatGPT. On February...more

Baker Botts L.L.P.

AI Legal Watch - January 2025

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Glass Lewis, one of the leading proxy advisory firms, recently updated its policy guidelines for 2025 to include recommendations regarding board oversight of AI. In the new guidelines, Glass Lewis emphasizes the importance of...more

MG+M The Law Firm

Revocation of Executive Order 14110—Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence: Relevance to...

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On January 20, 2025, President Trump revoked Executive Order (EO) 14110—Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, issued on October 30, 2023. EO 14110 was promulgated as a coordinated...more

Saul Ewing LLP

Best Practices for Mitigating Intellectual Property Risks in Generative AI Use

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Generative AI (GenAI) is transforming the business landscape, unlocking new possibilities for innovation, productivity, and efficiency. As with any major shift, GenAI comes with its own risks, particularly in intellectual...more

Foster Swift Collins & Smith

What is a Deepfake and How Might it Impact Your Business?

With the rise of generative artificial intelligence (AI) and its various synthetic media outputs, deepfakes are just one of many new risks to businesses. Deepfakes pose considerable threats to companies, potentially damaging...more

BCLP

AI in the Workplace: Using Artificial Intelligence Intelligently

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Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more

Pillsbury Winthrop Shaw Pittman LLP

Discovery Dilemma: An Update on the Legal Battle Between The New York Times and OpenAI

OpenAI’s request for access to The New York Times reporters’ notes, memos and other documents raises complex discovery issues. OpenAI’s defense is requesting access to reporters’ notes and other materials in discovery,...more

Segal McCambridge

Microsoft Corporation Leads the Artificial Intelligence Industry in Bearing Liability for Third-Party Claims Against Consumers

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Microsoft Publishes First Responsible AI Transparency Report - Touted as the "first of its kind," Microsoft's Responsible AI Transparency Report was published on May 1, 2024....more

K&L Gates LLP

Navigating the New Frontier: Insurance for Artificial Intelligence Risks

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On 27 December 2023, The New York Times filed a lawsuit against OpenAI and Microsoft alleging copyright infringement in connection with OpenAI’s popular ChatGPT technology. This lawsuit is part of the first wave of...more

Clark Hill PLC

Right To Know - February 2024, Vol. 14

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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Wolf, Greenfield & Sacks, P.C.

Insuring Against an IP Disaster

Insurance is part of our daily lives. Health insurance reimburses us if we get sick, life insurance safeguards loved ones if we pass away, and auto insurance reimburses others in case we cause an accident and injure someone...more

A&O Shearman

Desire to harness potential of generative AI drives rising interest in data as an asset

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Investors are targeting AI developers and buying proprietary data sets to build new AI businesses. Here we explain how to manage risk in this fast-evolving space. When MIT named generative AI as one of its breakthrough...more

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

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Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

Porter Hedges LLP

Compliance Challenges Arising from the Use of ChatGPT and Artificial Intelligence

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On November 30, 2022, OpenAI launched ChatGPT, and the artificial intelligence chatbot quickly became the talk of the corporate world. With over 100 million users, ChatGPT is one of the fastest growing applications of all...more

Rothwell, Figg, Ernst & Manbeck, P.C.

[Webinar] Artificial Intelligence Litigation Risks for the Medical Technology Industry - August 29th, 2:00 pm ET

Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing...more

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