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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
Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme...more
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
On January 29, the U.S. Copyright Office released Part 2 of its planned 3-part report on the legal and policy issues related to copyright and artificial intelligence (AI). Part 1 of the report, which was published in July...more
A US court (in Delaware) recently handed down a precedent-setting ruling on a lawsuit filed by a copyright-owner, the media and technology conglomerate, Thomson Reuters, against the artificial intelligence platform, Ross...more
As has been widely reported, including in our year-end summary of the current state of artificial intelligence (“AI”)-related copyright litigation, AI providers are currently facing a wave of lawsuits1 from copyright owners...more
“A smart man knows when he is right; a wise man knows when he is wrong. Wisdom does not always find me, so I try to embrace it when it does—even if it comes late, as it did here.” It’s not common for a federal judge to make...more
Just two months in, 2025 is already delivering significant developments in AI and technology law. In this episode, host Julian Dibbell is joined by Rich Assmus, a partner in our Intellectual Property practice, to discuss...more
There are numerous actions currently pending in federal courts that involve artificial intelligence ("AI") and copyright law. Among other things, courts must determine if infringement occurs when an AI is trained on...more
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
The U.S. District Court for the District of Delaware delivered a watershed ruling in Thomson Reuters v. Ross Intelligence on February 11, 2025, providing clarity on an often-asked question: is the utilization of copyrighted...more
On February 11, 2025, Third Circuit visiting Judge Stephanos Bibas, sitting by designation on the U.S. District Court for the District of Delaware, granted summary judgment that Ross Intelligence directly infringed Thomson...more
On February 11, 2025, the U.S. District Court for the District of Delaware became the first to rule on whether the use of copyrighted materials to train an AI system qualifies as copyright infringement. In Thomson-Reuters...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
On February 11, 2025, the U.S. District Court for the District of Delaware granted Summary Judgment in favor of Thomson Reuters in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. holding that the use of...more
AI copyright jurisprudence is set to have a big year in 2025. On February 11, 2025, a Delaware federal court issued the first major decision concerning the use of copyrighted material to train AI. The case is Thomson Reuters...more
A Delaware federal district court made headlines this week by issuing the first court decision rejecting fair use as a defense in training artificial intelligence (AI) models with copyrighted content. In Thomson Reuters...more
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
With the Trump administration’s push to establish America’s global dominance in artificial intelligence (AI), thorny questions of intellectual property rights and fair use are likely to be litigated with greater frequency....more
In rejecting an AI company's fair use defense for using Thomson Reuters' Westlaw headnotes to train its competing legal tool, Judge Bilas, the District of Delaware judge in Thomson Reuters Enterprise Centre GMBH and West...more
Earlier this week, a federal judge rejected an AI startup's claim that using copyrighted material to train its AI system was permissible under the fair use doctrine. The decision—Thomson Reuters Enterprise Centre GmbH v. Ross...more
Recently, a federal court issued the first ruling on the closely watched issue of fair use in copyright infringement involving AI. The court ruled in favor of the plaintiff on its direct infringement claim, and ruled that the...more
Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more
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
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