News & Analysis as of

Algorithms Copyright Litigation

Houston Harbaugh, P.C.

U.S. District Judge Refuses To Dismiss Copyright Infringement Claims against Musk and Tesla®* in Blade Runner 2049 Case

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AI, Sci-Fi, and Copyright Collide in Alcon Entertainment LLC v. Tesla Inc. et al., Case No. 2:24-cv-09033, in the U.S. District Court for the Central District of California. In a fascinating twist of sci-fi meets reality,...more

Arnall Golden Gregory LLP

The Fine Line Between Inspiration and Infringement: Studio Ghibli vs. AI Generator

Studio Ghibli, the iconic Japanese animation studio founded in 1985 by Hayao Miyazaki and Isao Takahata, has consistently served as a pillar of creativity, producing animated films that blend unique visuals with heartfelt...more

Hogan Lovells

When AI and Copyright clash: Chinese courts find AI platform liable for contributory copyright infringement based on AI generated...

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The Hangzhou Internet Court recently found a Chinese AI platform liable for contributory copyright infringement, after the platform allowed users to create, apply and share models enabling the AI generation of variations on...more

Benesch

AI Reporter - April 2025

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There were several notable developments in March in the AI copyright lawsuits previously reported here. Google, OpenAI, and Anthropic scored partial dismissals in their respective cases. These results show that the...more

Sheppard Mullin Richter & Hampton LLP

Court Grants Interlocutory Appeal on AI Fair Use Issue

We previously reported on the groundbreaking AI Fair Use ruling in the Thomson Reuters Ross Intelligence case, where the court found that based on the facts of this case fair use was not a defense. Ross Intelligence moved,...more

Miller Nash LLP

When Man Beats Machine: The Latest in Artificial Intelligence and Copyright

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Summer must be coming, because the courts are starting to heat up with copyright decisions in artificial intelligence (AI) cases. We’ve previously written here, here, and here about Dr. Stephen Thaler’s attempts to register...more

Fox Rothschild LLP

AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

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In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more

Womble Bond Dickinson

Uncertainty Means AI Training Can Continue

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Over 30 lawsuits challenging the training of Generative AI on copyrighted materials are pending, most in federal courts across the country. The copyrighted materials range from news stories to photographs to music. The law is...more

Womble Bond Dickinson

DC Circuit Weighs in On Human Authorship

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The DC Circuit has reaffirmed and reinforced longstanding Copyright Office policy that only humans can be authors....more

Baker Botts L.L.P.

AI Legal Watch: March 27, 2025

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The recent decision in Thaler v. Perlmutter et al., No. 23-5233 (D.C. Cir. 2025) offers continued guidance on whether “authorship” can be attributed to AI systems (i.e., non-humans) under Copyright Law. The D.C. Circuit...more

Foley Hoag LLP - Making Your Mark

What a Piece of Work is a Man [made piece of art] Non-humans (Still) Can’t be Authors Under the Copyright Act

Last week, the D.C. Circuit upheld the Copyright Office’s refusal to register the copyright in this image, which was created entirely by AI. This is consistent with longstanding precedent (in the US, at least) that only...more

Mintz - Antitrust Viewpoints

DC Circuit Court Rules AI Cannot be Author of Copyrighted Work, and NIST Finalizes AI Report — AI: The Washington Report

On March 18, the US Court of Appeals for the DC Circuit ruled that an AI model cannot be the author of copyrighted material under existing copyright law. The court affirmed the US Copyright Office’s long-standing human...more

Arnall Golden Gregory LLP

Key Takeaways From the Copyright Office's Report on the Economic Impact of AI

In February 2025, the U.S. Copyright Office released a report titled “Identifying the Economic Implications of Artificial Intelligence for Copyright Policy.” Edited by Brent Lutes, the Office’s chief economist, the volume...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Is (Copyright) Paradise Lost for A Recent Entrance to Paradise and Other AI-Generated Works?

Last week, the D.C. Circuit Court of Appeals issued its opinion in Thaler v. Perlmutter. The opinion notably solidifies the U.S. Copyright Office’s position that works generated autonomously (and thus solely) by artificial...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

Bradley Arant Boult Cummings LLP

DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for...

Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the...more

Quarles & Brady LLP

Competitive AI Use May Raise IP Issues

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As more and more companies employ artificial intelligence (“AI”) in their business activities, novel legal questions continue to arise. Of particular note is the application of existing principles of intellectual property...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

Lowenstein Sandler LLP

Federal Court Rules Against ‘Fair Use’ Defense for AI Training

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On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Fair-Use Whiplash: Thomson Reuters v. Ross Intelligence Revisits Fair Use for Artificial Intelligence

On Tuesday, February 11, a Delaware district court issued much-awaited summary-judgment decisions in Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc., No. 1:20-cv-613, potentially shaping how future...more

Baker Botts L.L.P.

Trade Secret Litigation: How Will AI Innovations Likely Be Litigated?

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While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect...more

Troutman Pepper Locke

How AI Cos. Can Cope With Shifting Copyright Landscape

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In the ever-evolving landscape of artificial intelligence development, utilizing copyrighted material for training algorithms has not only become the comedy fodder for “Saturday Night Live” cast members, but also a focal...more

Seyfarth Shaw LLP

Authors Fight Court Order to Produce Pre-Suit Testing Data from ChatGPT in OpenAI Copyright Lawsuit

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Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more

Seyfarth Shaw LLP

Glimmer of Hope? Judge Suggests Some Claims in AI Image Case May Survive

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We are still waiting for a formal ruling on the Andersen v. Stability AI defendants’ second round of motions to dismiss, but so far it’s looking like most of the case may be allowed to proceed to discovery. The judge heard...more

Seyfarth Shaw LLP

Longshot Legislation Reflects Interest in AI Regulation

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In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913).  ...more

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