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Copyright Machine Learning Fair Use

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Troutman Pepper Locke

California’s Latest Dueling Rulings — Fair Use of Copyrighted Materials in AI Algorithms

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Generative AI (GenAI) algorithms require data inputs to analyze, transform, and generate content. But does using copyrighted material without prior authorization for training or operating these algorithms infringe on the...more

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

Loeb & Loeb LLP

What Gen AI court rulings mean for content owners and creators

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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

Weintraub Tobin

(Podcast) 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

Smart & Biggar

AI training copies blessed as “fair use” by U.S. Court – Can a similar path be forged in Canada?

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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

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

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

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

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

Sullivan & Worcester on

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

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

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

McDermott Will & Emery

Fair use or foul play? The AI fair use copyright line

The US District Court for the Northern District of California granted summary judgment in favor of an artificial intelligence (AI) company, finding that its use of lawfully acquired copyrighted materials for training and its...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

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

Irwin IP LLP

A Black Flag For Authors: AI Training Ruled Fair Use

Irwin IP LLP on

Bartz et al. v. Anthropic PBC, No. C 24-05417 (N.D. Cal. 2025) - In Bartz et al. v. Anthropic, the U.S. District Court for the Northern District of California considered whether Anthropic’s use of copyrighted books—many...more

Fenwick & West LLP

Two Federal Courts Rule That Reproduction of Books to Train LLMs Is Fair Use - But with Caveats and Strikingly Different Views

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In separate high-profile actions brought by authors against Anthropic and Meta, two California federal judges ruled that the reproduction of copyright-protected books to train large language models (LLMs) was fair use that...more

Farella Braun + Martel LLP

Fair Use Ruling Undermines Related DMCA Claim

After previously dismissing infringement claims on the ground that using copyrighted works to train a large language model qualified as fair use, a federal judge in California has now also dismissed a key Digital Millennium...more

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