News & Analysis as of

Transformative Use

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

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

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...

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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

Weintraub Tobin

(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?

Weintraub Tobin on

Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this...more

Weintraub Tobin

The Briefing: What Is Fair Use and Why Does It Matter?

Weintraub Tobin on

Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this...more

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

Weintraub Tobin

(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide

Weintraub Tobin on

A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That...more

Weintraub Tobin

The Briefing: Anthropic, Copyright, and the Fair Use Divide

Weintraub Tobin on

A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That...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

Jackson Walker

Federal Courts Find Fair Use in AI Training: Key Takeaways from Kadrey v. Meta and Bartz v. Anthropic

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In recent days, two federal judges in the Northern District of California issued significant decisions covering the intersection of artificial intelligence (AI) and copyright law. Specifically, in Bartz v. Anthropic PBC and...more

Sullivan & Worcester

Open Books, Narrow Rulings: The Northern District of California Grants AI Companies a Limited Fair Use Victory

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Fair Use and AI Training: Two Recent Decisions Highlight the Complexity of This Issue

Two recent summary judgment decisions out of the Northern District of California, issued only two days apart, highlight the complexity of deciding whether the unauthorized use of copyrighted works to train large language...more

Ropes & Gray LLP

A Tale of Three Cases: How Fair Use Is Playing Out in AI Copyright Lawsuits

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In two recent Northern District of California decisions, AI companies prevailed on a fair use defense after being accused of infringing copyrights in works used to train AI models. The decisions, on their face, seem to...more

McDermott Will & Schulte

Fair use or foul play? The AI fair use copyright line

The US District Court for the Northern District of California granted summary judgment in favor of an artificial intelligence (AI) company, finding that its use of lawfully acquired copyrighted materials for training and its...more

Husch Blackwell LLP

Recent Decisions Clarify Fair Use Doctrine in AI Context

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Two Northern District of California courts handed down decisions last week in two key copyright lawsuits that challenged the use of copyrighted print and digital books in training the large language models (LLMs) that are at...more

Knobbe Martens

Fair Use and the Future of Generative AI: Lessons from the Meta and Anthropic Copyright Cases

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With the release of ChatGPT in late 2022, generative AI entered the cultural zeitgeist. Not surprisingly, within a few months, the first generative AI lawsuits were filed in the U.S. (e.g., Andersen v. Stability AI, Getty v....more

Ballard Spahr LLP

Novel Ruling Offers Framework for ‘Fair Use’ of Copyrighted Material for Training AI Systems

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The recent federal court finding—that using copyrighted books to train an AI large language model (LLM) qualifies as fair use—provides some guidance for companies developing or deploying generative AI systems and for...more

Irwin IP LLP

A Black Flag For Authors: AI Training Ruled Fair Use

Irwin IP LLP on

Bartz et al. v. Anthropic PBC, No. C 24-05417 (N.D. Cal. 2025) - In Bartz et al. v. Anthropic, the U.S. District Court for the Northern District of California considered whether Anthropic’s use of copyrighted books—many...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

Fenwick & West LLP

Two Federal Courts Rule That Reproduction of Books to Train LLMs Is Fair Use - But with Caveats and Strikingly Different Views

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In separate high-profile actions brought by authors against Anthropic and Meta, two California federal judges ruled that the reproduction of copyright-protected books to train large language models (LLMs) was fair use that...more

Harris Beach Murtha PLLC

Bartz v. Anthropic: Early Look at Copyright Claims and Generative AI

On June 23, 2025, Senior Judge William Alsup of the Northern District of California issued a highly anticipated summary judgment opinion in Bartz v. Anthropic PBC. This is one of the first decisions of many to come dealing...more

Jones Day

Two U.S. Courts Address Fair Use in Generative AI Training Cases

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Federal courts continue to address whether training artificial intelligence ("AI") models on copyrighted materials without a license constitutes copyright infringement....more

Baker Donelson

The Northern District of California Weighs in on "Transformative" Use of Copyrighted Books for Training Generative AI Tools

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Only a few months ago, the U.S. District Court for the District of Delaware ruled that the use of "headnotes" in a legal search tool, for the purpose of training a competing legal tool driven by artificial intelligence (AI),...more

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