News & Analysis as of

Copyright Office Fair Use

Neal, Gerber & Eisenberg LLP

Federal Court Finds That Training AI on Copyrighted Books is “Quintessentially” Transformative Fair Use

A federal district court in the Northern District of California has ruled that the use of lawfully acquired copyrighted works to train artificial intelligence (AI) large language models (LLMs) is a fair use under U.S....more

Seyfarth Shaw LLP

Copyright Office Firings Spark Constitutional Concerns Amid AI Policy Tensions

Seyfarth Shaw LLP on

A day after announcing that “fair use” would not shield AI training models against potential copyright infringement, President Donald Trump fired Shira Perlmutter, Register of Copyrights, and her superior, Librarian of...more

Schwabe, Williamson & Wyatt PC

Use of Copyrighted Works for AI Training Purposes is Exceedingly, Spectacularly, and Quintessentially Transformative

On June 23, 2025, the Northern District of California federal district court issued the first substantive district court decision regarding the intersection of copyright law and generative artificial intelligence. The case...more

Dickinson Wright

Navigating Copyright Across Borders: How U.S. Registration Strengthens Global Protection

Dickinson Wright on

In an increasingly interconnected world, authors and rights holders must understand how their copyrights are treated beyond U.S. borders. Despite the global nature of creative content distribution, international copyright law...more

ArentFox Schiff

Disney and Universal Sue Midjourney: Navigating AI Copyright Challenges and Fair Use Implications

ArentFox Schiff on

The Walt Disney Company and Universal City Studios Productions are among the latest plaintiffs to bring a lawsuit against an artificial intelligence (AI) developer....more

Perkins Coie

Copyright Office Stakes Out Position on Use of Works for AI Training

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Key Takeaways - -The U.S. Copyright Office released a “prepublication” version of Part Three of its artificial intelligence (AI) report addressing generative AI training. -The report considers both whether training a...more

Jones Day

U.S. Copyright Office Issues Guidance on Generative AI Training

Jones Day on

To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more

Offit Kurman

To Use or Not to Use? Fear Not! The Public Domain Beckons Thee

Offit Kurman on

Ah, the public domain—where copyrights dare not tread, and content lives free from the litigious claws of infringement claims. Whether thou art a humble creator or a bold entrepreneur, rejoice! For in this blessed realm, you...more

McDermott Will & Emery

Copyright, AI, and Politics

McDermott Will & Emery on

In early 2023, the US Copyright Office (CO) initiated an examination of copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in AI-generated works and the use of copyrighted...more

Mintz - Antitrust Viewpoints

US Copyright Office Releases Third Report on AI Copyrightability, and House Committee Advances AI Legislation — AI: The Washington...

On May 9, the United States Copyright Office (Office) issued a pre-publication version of its third Report on Copyright and Artificial Intelligence (Report), which focuses on the question of the use of copyrighted materials...more

Epstein Becker & Green

Copyright Infringement Liability for Generative AI Training Following the Copyright Office’s AI Report and Administrative Shakeup

Epstein Becker & Green on

When multiple forces act on an object, its direction of motion is determined by the net force, which is the vector sum of all individual forces. When this happens within our federal government, we call it “interesting times.”...more

Wiley Rein LLP

Copyright Office Issues Key Guidance on Fair Use in Generative AI Training

Wiley Rein LLP on

On May 9, 2025, the U.S. Copyright Office (the Office) released the third and final report in its “Copyright and Artificial Intelligence” series, offering its most comprehensive guidance to date on one of the most contested...more

Skadden, Arps, Slate, Meagher & Flom LLP

Copyright Office Weighs In on AI Training and Fair Use

On May 9, 2025, the United States Copyright Office (the USCO) released a 108-page report on whether the unauthorized use of copyrighted materials to train generative artificial intelligence (AI) systems is defensible as a...more

Robinson+Cole Data Privacy + Security Insider

Generative AI Training May Not Qualify for the Fair Use Defense

Last week, the Copyright Office released the third and final part of its report exploring copyright-related issues posed by artificial intelligence (AI). Unlike the first two parts, the third was released as a...more

Kaufman & Canoles

AI and Copyrights

Kaufman & Canoles on

Hours before the Register of Copyrights, Shira Perlmutter, was unceremoniously fired, the U.S. Copyright Office published long-awaited guidance on the use of copyrighted content for training artificial intelligence (AI)....more

Jenner & Block

Client Alert: US Copyright Office Releases “Pre-Publication Version” of Report on Copyright Issues in Generative AI Training

Jenner & Block on

On May 9, 2025, the US Copyright Office released a “pre-publication version” of Part 3 of its report on Copyright and Artificial Intelligence (the Report). This much-anticipated Report focuses on use of copyrighted works in...more

Lowenstein Sandler LLP

US Copyright Office Releases Long-Awaited Report on Generative AI Training and Copyright Law

Lowenstein Sandler LLP on

On May 9, the U.S. Copyright Office issued a prepublication version of Part 3 of its multipart report titled “Copyright and Artificial Intelligence: Generative AI Training,” addressing the use of copyrighted works in the...more

Farella Braun + Martel LLP

Copyright Office Weighs in on Use of Copryighted Works for LLM Training

A day before the firing of the head of the U.S. Copyright Office, the third installment of the office's series of reports on copyright issues and AI was released. The 113-page document covers a lot of ground, not the least of...more

Sheppard Mullin Richter & Hampton LLP

Copyright Office Report on Training AI and Fair Use

The Copyright Office released a “Pre-publication” version of Part 3 of its Report on Copyright and AI. Coincidentally (?) Shira Perlmuter, the Register of Copyrights, was fired amid a shakeup at the Copyright Office. The...more

Foster Swift Collins & Smith

Recommendations on AI and Copyrightability from the U.S. Copyright Office’s Latest Report

The United States Copyright Office (the “Office”) released the latest part in its Report on Copyright and Artificial Intelligence on January 29, 2025. Part 1, titled “Digital Replicas” was published on July 31, 2024 and...more

Dorsey & Whitney LLP

Generative AI and the Copyright Office - Part 2 of Long-Awaited Guidance, But Will It Continue?

Dorsey & Whitney LLP on

On January 29, the U.S. Copyright Office released Part 2 of its planned 3-part report on the legal and policy issues related to copyright and artificial intelligence (AI). Part 1 of the report, which was published in July...more

Jackson Walker

Federal Court Sides with Plaintiff in the First Major AI Copyright Decision of 2025

Jackson Walker on

AI copyright jurisprudence is set to have a big year in 2025. On February 11, 2025, a Delaware federal court issued the first major decision concerning the use of copyrighted material to train AI. The case is Thomson Reuters...more

Lowenstein Sandler LLP

U.S. Copyright Office Issues Report on Copyrightability of Generative-AI Outputs

On January 29, 2025, the U.S. Copyright Office (the Copyright Office) published Part 2 of a three-part report on artificial intelligence (AI) and copyright issues in connection with AI’s usage. Part 2 of the report (the...more

Kaufman & Canoles

Song of the Year vs. Record of the Year: Copyright Law and the Grammys

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On Sunday, two of the most prestigious categories at the 67th Annual Grammy Awards will confuse millions. To prevent you from being one of them, allow copyright law to explain the difference between Song of the Year and...more

Katten Muchin Rosenman LLP

Two takeaways from the U.S. Copyright Office's Jan. 2025 report on AI-created works

The U.S. Copyright Office released Part 2 of its report on Copyright and Artificial Intelligence on January 29, 2025. Part 2 focuses on the copyrightability of outputs created using generative AI. (The highly anticipated...more

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