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Dorsey & Whitney LLP

Can I Borrow Your E-Book?: A Brief Discussion of Controlled Digital Lending

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Perhaps lost in all of the commentary and handwringing over AI and what to do with the works it creates is how we care for copies of human-authored works. ...more

BakerHostetler

Science Fiction as Prior Art?

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Some inventors find their inventive spark through science fiction. Tasers, for example, were inspired by (and named after) the 1911 novel Tom Swift and His Electric Rifle. Likewise, Motorola’s early cellphones were heavily...more

Weintraub Tobin

Tropes Aren’t Theft: What Freeman v. Wolff Teaches About Substantial Similarity in YA Fantasy Fiction

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A recent decision from the Southern District of New York offers one of the most detailed modern analyses of substantial similarity in the increasingly popular young adult fantasy/“romantasy” space. The case arose from a...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2026 #3

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A suit by parents accusing a Little League Baseball organization of inadequate training of coaches and unsafe conditions for players was thrown out by a Connecticut state judge, who ruled that the parents never proved any...more

Katten Muchin Rosenman LLP

As the Calendar Turned Its Page, New Works Entered the Public Domain

While many Americans think of January 1 as the day upon which to make and hopefully begin keeping New Year’s resolutions, copyright nerds celebrate it as Public Domain Day. This is the date on which the copyright protection...more

Offit Kurman

Termination Rights Under Scrutiny in Harper Lee Adaptation Cases as USCO Steps In

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It’s said: “you never really understand a person until you consider things from his point of view,” but the Dramatic Publishing Company (“DPC”) is not so interested in considering the point of view of the Harper Lee Estate in...more

Benesch

AI Reporter - October 2025

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The broader AI sector is facing further scrutiny in the courtroom. Warner Bros. Discovery sued Midjourney for using its films and TV shows in training datasets and enabling users to recreate copyrighted characters, while...more

Saul Ewing LLP

A Journey From The Courtroom To The Studio with Danny Cevallos, Legal Analyst, MSNBC/NBCNews

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In this episode of "Lawyers With Game," host Darius Gambino from Saul Ewing's Video Gaming & Esports Practice is joined by Danny Cevallos, Legal Analyst for MSNBC and NBC News. Danny shares how he broke into television from a...more

Carr Maloney P.C.

Class Action Suit Brought Against Apple For Using Authors’ Books To Train Its AI Systems

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On September 5, 2025, authors Grady Hendrix and Jennifer Roberson filed a class action lawsuit in the U.S. District Court for the Northern District of California, alleging that Apple used pirated books to train its Apple...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

Troutman Pepper Locke

Judges Take Divergent Paths to Find AI Training "Fair Use"

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Two California district court judges recently issued competing rulings pertaining to fair use as a defense against the alleged improper use of copyrighted works to train large language models (LLMs). The two orders, issued...more

Weintraub Tobin

The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

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In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a...more

Benesch

Judge Certifies Authors’ Copyright Class Action Against Anthropic

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On July 17, 2025, US District Court Judge William Alsup approved a class certification against Anthropic for copyright infringement. According to Judge Alsup, it will be straightforward for the entire class to prove harm...more

Troutman Pepper Locke

California’s Latest Dueling Rulings — Fair Use of Copyrighted Materials in AI Algorithms

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Generative AI (GenAI) algorithms require data inputs to analyze, transform, and generate content. But does using copyrighted material without prior authorization for training or operating these algorithms infringe on the...more

Weintraub Tobin

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

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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

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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

Quarles & Brady LLP

Concerned about AI Training Data and Copyrighted Works? New Guidance from the Northern District of California

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Two recent district court opinions from the Northern District of California, filed within days of each other address the use of copyrighted material in training data in two separate market dominating Large Language Models...more

Ballard Spahr LLP

From Input to Impact: The Market Harm Standard Emerging in AI Fair Use

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Another federal court recently ruled that using copyrighted books to train artificial intelligence (AI) systems can qualify as fair use under the U.S. Copyright Act. This time, the court said that, because the issue of market...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

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

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

Baker Botts L.L.P.

Kadrey v. Meta - Fair Use as a Matter of Law

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Kadrey v. Meta! On the merits! A doozy of a summary judgment opinion in form and substance. "The devil is in the details," but even for non-lawyers, at least the first five pages are a must-read - there are almost no legal...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

McDonnell Boehnen Hulbert & Berghoff LLP

Copywrong: Authors Miss the Mark(et Harm) when Arguing Meta Didn’t Engage in Fair Use

Weighing in just two days after Judge Alsup of the U.S. District Court for the Northern District of California issued his fair use summary judgment opinion in Bartz v. Anthropic, Judge Chhabria (also of the Northern District...more

Davis Wright Tremaine LLP

The Generative Slate: Two Courts Find Fair Use in GenAI Training

This article is part of DWT's The Generative Slate series. It explores the use of generative AI in the production and distribution of content. After nearly two years since the first lawsuit involving generative AI (GenAI)...more

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