News & Analysis as of

Machine Learning Copyright Litigation Technology

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

Perkins Coie

Court Sides With Meta on Fair Use and DMCA Questions, but Leaves Door Open for Future Challenges

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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

Miller Canfield

The Art (and Legality) of Imitation: Navigating the Murky Waters of Fair Use in AI Training

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As generative AI technology advances, the legal battles over the use of copyrighted materials for training these models are heating up. In the first wave of lawsuits the courts have diverged in their approach to fair use as a...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

A&O Shearman

Copyright in AI: key implications from ongoing legal cases

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With major legal battles unfolding in both the UK (Getty v. Stability AI) and the U.S. (including Kramer v. Meta, The New York Times v. OpenAI, and Bartz v. Anthropic), the outcomes are set to reshape the entire AI landscape....more

A&O Shearman

Training and deploying AI models around the world: the territorial issues at stake in Getty Images v. Stability AI

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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

White & Case LLP

Two California District Judges Rule That Using Books to Train AI is Fair Use

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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

Frost Brown Todd

Midjourney Faces Disney Lawsuit Just as Court Backs Fair Use in AI Training

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On June 11, 2025, Disney and several affiliated production companies filed a federal lawsuit against Midjourney, Inc., a leading artificial intelligence (AI) image-generation platform. The suit alleges “calculated and...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

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

Mintz

Bartz v. Anthropic: What the Ruling Means for Businesses Using AI

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In an important decision, the U.S. District Court for the Northern District of California issued a mixed ruling in Bartz v. Anthropic, one of the first major copyright cases involving AI training data....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

ArentFox Schiff

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

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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

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

Benesch

AI Reporter - May 2025

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The use of AI in banking was a topic in April, as Bank of America revealed it will spend $4 billion on AI initiatives in the coming year. The bank cited AI’s usefulness in reducing IT support calls and the over 90% usage...more

Jenner & Block

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

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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

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

Perkins Coie

Key AI Developments to Watch This Year

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As we move further into 2025, the artificial intelligence (AI) landscape continues to evolve at a rapid pace; indeed, nearly every week seems to bring news of another major AI breakthrough. In this post, we highlight the...more

Jones Day

JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows

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Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can...more

J.S. Held

Evolving Landscape of Technology Rights Enforcement

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Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique contributions made by global inventors and creators. Over the past half century,...more

McNees Wallace & Nurick LLC

D.C. Circuit Affirms Denial of Copyright Protection for AI-Generated Works

On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) ruled in Thaler v. Perlmutter, affirming that works created solely by artificial intelligence (“AI”) cannot be...more

Perkins Coie

Fair Use Defense Failed in Thomson Reuters v. Ross, Jury Still out for Generative AI

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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

Greenberg Glusker LLP

AI Training, Fair Use, and the Burdens of Being First

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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

Bradley Arant Boult Cummings LLP

Fair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSS

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

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