News & Analysis as of

Fair Use

Offit Kurman

Lawsuit Against AI Giant Anthropic Settles

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A class action copyright infringement lawsuit brought by U.S. authors against the AI company Anthropic has reached settlement, avoiding a trial set to begin in December. The class of plaintiff-authors alleged in the suit that...more

Brownstein Hyatt Farber Schreck

The Anthropic Copyright Settlement: Dissecting the Anatomy of a Landmark AI Case

The recently proposed $1.5 billion settlement between Anthropic—one of the most prominent artificial intelligence (AI) developers—and a class of authors and publishers was poised to be the largest copyright settlement in U.S....more

Vondran Legal

How to avoid IP claims when selling T-shirts and other creative promotional products

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Our modern e-commerce world is just beautiful.  Anyone can launch a t-shirt sales empire literally overnight with print-on-demand services such as Amazon Merch on Demand, Redbubble or other related sites. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Anthropic’s $1.5 Billion Copyright Deal: Is the Record Settlement Just an R&D Expense?

The latest development in U.S. copyright law is that generative artificial intelligence (genAI) company Anthropic has agreed to settle a class-action lawsuit brought by a group of authors and publishers for a record $1.5...more

Ropes & Gray LLP

Anthropic’s Landmark Copyright Settlement: Implications for AI Developers and Enterprise Users

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Anthropic, a leading developer of artificial intelligence large language models (LLMs), has reached a settlement in a closely watched dispute with a class of authors and publishers who alleged copyright infringement arising...more

Loeb & Loeb LLP

Take-Two Interactive Software, Inc. v. PlayerAuctions, Inc.

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District court grants in part and denies in part defendants’ motion to dismiss Take-Two Interactive Software Inc.’s claims related to defendants’ operation of online marketplace for users to sell enhanced player accounts for...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Anthropic settles copyright infringement lawsuit for $1.5 billion, Warner Bros. Discovery sues Midjourney for...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following. • The New York Times reports that AI company Anthropic will settle a copyright infringement...more

McGuireWoods LLP

Copyright and Generative AI: Recent Developments on the Use of Copyrighted Works in AI

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Generative AI models rely on billions of copyrighted works as training data. These works are not merely “data,” but creative expressions protected under copyright law. In May 2025, the United States Copyright Office (USCO)...more

Farella Braun + Martel LLP

AI and the Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings

Two judges in the Northern District of California recently issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted works to train its LLMs[1]...more

Vorys, Sater, Seymour and Pease LLP

Fair Use or Infringement? Recent Court Rulings on AI Trained on Copyrighted Works

Artificial intelligence (AI) is now part of daily life, powering customer service chatbots, virtual assistants like Siri and Alexa, automated email responses, and personalized shopping recommendations. But as these systems...more

Jaburg Wilk

Two Decisions, Two Distinct Approaches: What Recent AI Copyright Decisions Mean for Authors and Developers

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As lawsuits over artificial intelligence and copyrights continue to unfold, two recent federal court decisions from the Northern District of California provide early insight—conflicting at times—into how judges will begin to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: From Trillion-Dollar Risk to Resolution: Settlement in the Anthropic Authors’ Class Action

In a July IP Hot Topic, we wrote about a pivotal summary judgment ruling in Bartz v. Anthropic that added another data point in the newly forming fair use landscape for copyright actions against GenAI companies. In that case,...more

Arnall Golden Gregory LLP

Anthropic’s Great Book Heist: Do the Ends Justify the Means When It Comes to Training AI?

Robin Hood, the legendary antihero, is beloved for stealing from the rich and giving to the poor. But what if he stole from the rich and then gave to his own bank account, with the explicit intent of writing checks to the...more

Foley & Lardner LLP

AI Fair Use Decisions Bode Well for the Semiconductor Industry

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Summary judgment was recently granted for defendants based on fair use in two copyright infringement actions challenging the training of large language models (LLMs), one against Meta relating to its Llama LLMs, and the other...more

Fenwick & West LLP

‘Can You Copyright a Tattoo?’ And Other Questions Game Developers Should Be Asking

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Game developers often borrow from the real world to build more lifelike, compelling characters: a tattoo copied faithfully onto a digital athlete, a famous photograph reinterpreted as body art, a recognizable design rendered...more

Herbert Smith Freehills Kramer

Australian Productivity Commission Proposes Text & Data Mining Exception to Copyright Infringement for AI Training

In response to a request to identify ‘priority reforms’ under the Australian Government’s productivity growth agenda, on 5 August 2025 the Productivity Commission released an interim report entitled Harnessing data and...more

Verrill

Fair Use and AI: What Buyers and Investors Need to Know

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Buy-side investors typically require the target company to represent that it has not infringed on the copyrights or other intellectual property of any third party. Typical language might read: “The operation of the Company as...more

Stradling Yocca Carlson & Rauth

Training AI Models? Here's What You Need to Know About Copyright Risks

It is undeniable that artificial intelligence (AI) is everywhere and having unprecedented rapid effects on business and society.  The law, however, evolves at a slower pace and it takes key decisions by courts and government...more

Womble Bond Dickinson

The New Gold Rush: Text and Data Mining Exemptions to Copyright Protection Around the World

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This article is based on a presentation at Womble Bond Dickinson’s AI Intensive: Playbook for Innovation and Risk Mitigation virtual summit on May 20, 2025 (including some updates in respect of the UK due to legislative...more

Venable LLP

Whose Rules Rule? Different Approaches to Key AI and Copyright Fair Use Principles Across the Administration, Copyright Office,...

Venable LLP on

In the past few months, the administration, the Copyright Office, and the courts have weighed in on several material issues at the cross section of copyright law and AI. ...more

Kilpatrick

5 Key Takeaways | Part One: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

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Kilpatrick’s Joe Petersen, a partner with more than two decades of experience representing a broad array of clients in litigation, arbitration, and administrative proceedings involving copyright and trademark law, recently...more

Knobbe Martens

[Webinar] Fair Use and Generative AI – What the Meta and Anthropic Cases Mean for Your Business - August 19th, 12:00 pm - 1:00 pm...

Knobbe Martens on

Knobbe Martens attorneys Mark Lezama and Lincoln Essig, along with Sam Olive, Senior Director and Associate General Counsel, Intellectual Property at Cisco, will be hosting a webinar on Copyright and AI: Legal Risk After Meta...more

Tarter Krinsky & Drogin LLP

AI, Copyright, and Recent Decisions: Legal Priorities for Rights Holders

The past few weeks have seen a flurry of activity in the legislature and the courts relating to Artificial Intelligence (“AI”). Since the founding of our nation, there has been ongoing debate about whether legal matters...more

Vondran Legal

The art of the DMCA counter-notification for YouTube

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Here at Vondran Legal® we are seeing more and more incidents of YouTube refusing to forward counternotices on to a DMCA complainant. This is most unfortunate because most creators take great pride in their work, including...more

Miller Canfield

Senators Introduce Legislation to Curb Use of Personal Data and Copyrighted Works for Gen AI Training

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We recently discussed the legal developments related to fair use in AI training. Through a bipartisan bill titled the AI Accountability and Personal Data Protection Act (the “Bill”), introduced on July 21, 2025, U.S. Senators...more

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