News & Analysis as of

Artificial Intelligence Copyright Litigation Technology

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

Skadden, Arps, Slate, Meagher & Flom LLP

Copyright Office Weighs In on AI Training and Fair Use

On May 9, 2025, the United States Copyright Office (the USCO) released a 108-page report on whether the unauthorized use of copyrighted materials to train generative artificial intelligence (AI) systems is defensible as a...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

BakerHostetler

Celebrating World IP Day 2025: Music, Innovation, and Intellectual Property

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Another year, another celebration of intellectual property (IP) on World IP Day. This time, the World Intellectual Property Organization is focusing on IP and music: World Intellectual Property Day 2025 highlights how...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

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

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

Foley Hoag LLP

D.C. Circuit Holds that AI-Generated Artwork is Ineligible for Copyright Protection

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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

DLA Piper

Another Chinese Court Finds that AI-Generated Images Can Be Protected by Copyright: The Changshu People’s Court and the ‘Half...

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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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Court Reverses Itself in AI Training Data Case

In an unexpected development, the judge in Thomson Reuters v. Ross Intelligence — a case concerning the use of copyrighted material to train an artificial intelligence (AI) model — reversed much of his 2023 decision denying...more

Skadden, Arps, Slate, Meagher & Flom LLP

Digital Millennium Copyright Act Claims in AI-Training Cases – Recent Developments

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Decisions on Whether AI Training Violates the Digital Millennium Copyright Act

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

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

Sheppard Mullin Richter & Hampton LLP

George Carlin Was Funny – Copying His Likeness AIn’t – Estate Settles AI-based Copyright Claims

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

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Calls Out OpenAI on Its Motion to Dismiss

Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's...more

Perkins Coie

Human Authorship Requirement Continues To Pose Difficulties for AI-Generated Works

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2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – OpenAI launches Sora, Nvidia stock price increases, universal AI model for biology and more

There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. OpenAI recently announced generative AI video tool Sora, which converts...more

DarrowEverett LLP

New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

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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

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