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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
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
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
In this episode of Knobbe IP+, Knobbe Martens partner Mark Lezama is joined by attorney and emerging technology advisor Liz Rothman to discuss the complex topic of artificial intelligence and copyright law. During their...more
As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more
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
Key Takeaways: - Confirming the position of the Copyright Office and past precedent considering the possibility of non-human authors, the D.C. Circuit held this week that the Copyright Act does not protect works created...more
On 7 March 2025, the Changshu People’s Court (in China’s Jiangsu province) announced that it had recently concluded a case on the topical issue of whether AI-generated works can be protected by copyright. In the case, a...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
As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more
Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts...more
The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...more
According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The...more
On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more
If artificial intelligence is so great, why can’t it reliably predict the weather? The weekend has just closed on another very rainy Floridian ANA Masters of Advertising Law Conference (Last year we had a hurricane, so...more
Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright...more
Personal 3D printing has seen leaps in advancement in recent years, allowing users to render increasingly sophisticated creations from the comfort of their own home. These creations can include anything from gaming miniatures...more
From artificial intelligence (AI) tools that can generate highly sophisticated art, music, and conversation to technology capable of recreating Elvis on the big screen, a recent explosion and maturing of generative AI...more
The Ultramercial story is not over. In the latest step of a controversial case involving 35 U.S.C. § 101 that has been ongoing since 2009, patentee Ultramercial has petitioned the Supreme Court for a writ of certiorari. The...more