News & Analysis as of

Artificial Intelligence Technology Copyright Litigation

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

Farella Braun + Martel LLP

Fair Use Ruling Undermines Related DMCA Claim

After previously dismissing infringement claims on the ground that using copyrighted works to train a large language model qualified as fair use, a federal judge in California has now also dismissed a key Digital Millennium...more

Neal, Gerber & Eisenberg LLP

Federal Court Finds That Training AI on Copyrighted Books is “Quintessentially” Transformative Fair Use

A federal district court in the Northern District of California has ruled that the use of lawfully acquired copyrighted works to train artificial intelligence (AI) large language models (LLMs) is a fair use under U.S....more

Mintz

Bartz v. Anthropic: What the Ruling Means for Businesses Using AI

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In an important decision, the U.S. District Court for the Northern District of California issued a mixed ruling in Bartz v. Anthropic, one of the first major copyright cases involving AI training data....more

Schwabe, Williamson & Wyatt PC

Use of Copyrighted Works for AI Training Purposes is Exceedingly, Spectacularly, and Quintessentially Transformative

On June 23, 2025, the Northern District of California federal district court issued the first substantive district court decision regarding the intersection of copyright law and generative artificial intelligence. The case...more

ArentFox Schiff

Disney and Universal Sue Midjourney: Navigating AI Copyright Challenges and Fair Use Implications

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The Walt Disney Company and Universal City Studios Productions are among the latest plaintiffs to bring a lawsuit against an artificial intelligence (AI) developer....more

Knobbe Martens

AI and Copyright: Navigating the Legal Maze with Liz Rothman

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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

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

Jenner & Block on

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

J.S. Held on

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

Perkins Coie on

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

Foley Hoag LLP on

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...

DLA Piper on

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

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