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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
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
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
Two days apart, two judges in the Northern District of California decided on summary judgment that two examples of using copyrighted works to train AI models were transformative, and ultimately fair use under US copyright...more
The first substantive decision on the fair use defense in an artificial intelligence (AI) copyright case came down against the defendant, who used AI to create a competing product. However, as the decision expressly limited...more
Judge Bibas’s second take in Thomson Reuters v. Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. “Highly fact-specific.” “Narrowly decided.” A case with...more
Fair use — a critical defense in copyright law that allows limited use of copyrighted material without permission — has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation. In a...more
In an unexpected development, the judge in Thomson Reuters v. Ross Intelligence — a case concerning the use of copyrighted material to train an artificial intelligence (AI) model — reversed much of his 2023 decision denying...more