News & Analysis as of

Machine Learning Artificial Intelligence Copyright

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

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

Kilpatrick

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

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Kilpatrick’s Tyler McAllister - a partner who focuses his practice on patent preparation and prosecution, patent clearance and opinions, patent licensing, patent litigation, post-grant review, and related business and...more

WilmerHale

Primates and Processors: Authorship of Non-Human Authors from Monkey Selfies to Generative AI

WilmerHale on

Many of us remember the case of Naruto, a crested macaque who, perhaps accidentally, took a selfie using a camera placed in the field by a wildlife photographer. If we were interested in copyright law, this case naturally...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

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Who Owns AI Innovation? IP in the Age of Artificial Intelligence

Williams Mullen on

On this episode of Trending Now – An IP Podcast, Janet Cho and former summer associate Evan Klick* explore the evolving intersection of artificial intelligence (AI) and intellectual property (IP) law in the life sciences...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

Jones Day

European Parliament's New Study on Generative AI and Copyright Calls for Overhaul of Opt-Out Regime

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On July 9, 2025, the European Parliament's Committee on Legal Affairs ("JURI") published a study examining how generative artificial intelligence ("AI") interacts with European Union copyright law....more

WilmerHale

European Commission Releases Mandatory Template for Public Disclosure of AI Training Data

WilmerHale on

On July 24, 2025, the European Commission’s AI Office published its template for the public summary of training content for general-purpose AI (GPAI) models under Regulation (EU) 2024/1689 (AI Act). ...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

Jones Day

EU AI Act: European Commission Publishes General-Purpose AI Code of Practice

Jones Day on

The European Union's Artificial Intelligence Act ("AI Act") establishes a comprehensive, risk-based regulatory framework including provisions relating to general-purpose AI ("GPAI") models that apply as from 2 August 2025. In...more

Goodwin

European Commission Issues Comprehensive Code of Practice for General-Purpose AI: A New Era of AI Governance

Goodwin on

The European Commission published its final code of practice (the Code) for general-purpose artificial intelligence (GPAI) models on 10 July 2025, delivering on its promise to provide practical guidance for AI governance....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

Miller Canfield

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

Miller Canfield on

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

International Lawyers Network

What’s the “Use”?

The evolution of generative artificial intelligence has prompted courts in two highly-publicized recent federal district court decisions to apply copyright law’s doctrine of fair use to the “training” and output of generative...more

Mayer Brown

EU AI Act News: Rules on General-Purpose AI Start Applying, Guidelines and Template for Summary of Training Data Finalized

Mayer Brown on

Obligations relating to general-purpose artificial intelligence (“GPAI”) models under the EU AI Act enter into force on 2 August 2025. Ahead of this deadline, the European Commission (the “Commission”) has published a suite...more

Troutman Pepper Locke

Judges Take Divergent Paths to Find AI Training "Fair Use"

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Two California district court judges recently issued competing rulings pertaining to fair use as a defense against the alleged improper use of copyrighted works to train large language models (LLMs). The two orders, issued...more

Weintraub Tobin

(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

Weintraub Tobin on

In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a...more

Baker Donelson

Think While You Are Using AI Coding

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Vibe coding is revolutionizing software development. The integration of generative AI tools into software development, such as ChatGPT's Agen, GitHub Copilot, Coursiv, and similar platforms, is revolutionizing how code is...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

King & Spalding

No ‘Stop the Clock’ For the EU AI Act (and a belated General-Purpose AI Code of Practice): What Does This Mean to You?

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The European Commission received the final version of the General-Purpose AI (GPAI) Code of Practice on July 10, 2025. The GPAI is a voluntary framework intended to guide how providers of large AI models comply with the...more

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