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Fair Use

McDermott Will & Emery

Anthropic and Meta fair use rulings on AI model training

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America’s frontier artificial intelligence (AI) labs have faced years of copyright litigation over their ingestion of books, news, and other expressive works. Yet, until this week, no US court had squarely applied the four...more

Venable LLP

Back-to-Back Fair Use Decisions: Two NDCA Courts Find Fair Use for AI Training, Emphasizing That the Specific Facts Concerning...

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In the second landmark decision this week relating to whether use of copyrighted content for training generative AI qualifies as a fair use, Judge Chhabria, in the federal court for the Northern District of California,...more

Seyfarth Shaw LLP

Copyright Office Firings Spark Constitutional Concerns Amid AI Policy Tensions

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A day after announcing that “fair use” would not shield AI training models against potential copyright infringement, President Donald Trump fired Shira Perlmutter, Register of Copyrights, and her superior, Librarian of...more

Goodwin

Northern District of California Judge Rules That Meta’s Training of AI Models is Fair Use

Goodwin on

Just two days after Judge Alsup issued his fair use decision in Bartz v. Anthropic, Judge Chhabria of the Northern District of California granted summary judgment for Meta Platforms in an AI copyright infringement suit. Judge...more

Lowenstein Sandler LLP

Pair of Federal Court Rulings Find Fair Use in AI Model Training

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In the past week, two significant rulings from the Northern District of California addressed the application of the fair use doctrine to the use of copyrighted books in training large language models (LLMs). Both Meta...more

Falcon Rappaport & Berkman LLP

Twin California Rulings Mark a Turning Point for AI‐Copyright Fair Use

In the space of forty-eight hours, two judges of the Northern District of California issued detailed, partially contrasting opinions on whether large language model (“LLM”) training that copies entire books without...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

Ropes & Gray LLP

From Books to Bots: Key Takeaways from the Anthropic Fair Use Decision for AI Developers and Copyright Holders

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On June 23, 2025, the United States District Court for the Northern District of California issued a significant order in Bartz, et al. v. Anthropic PBC, clarifying the application of the fair use doctrine to the use of...more

Goodwin

District Court Issues AI Fair Use Decision: Using Copyrighted Works To Train AI Models Is Fair Use, but Using “Pirated” Copies To...

Goodwin on

A federal district court in San Francisco ruled that training AI models with copyright-protected works is fair use. On June 23, 2025, Judge William Alsup ruled that Anthropic did not infringe the books of three authors used...more

Venable LLP

Court Holds That Anthropic’s Training of AI Using Legally Obtained Books Is Fair Use, but Storage of Pirated Books Is Not

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On June 23, 2025, Judge Alsup in the Northern District of California issued an order in Bartz et al. v. Anthropic PBC, granting in part and denying in part Defendant Anthropic’s motion for summary judgment on the sole issue...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

McDonnell Boehnen Hulbert & Berghoff LLP

Pirates of the Claudeibbean: Judge Alsup Splits the Baby on AI Fair Use

In one of the most consequential decisions to date involving generative artificial intelligence (genAI) and copyright law, Judge William Alsup of the U.S. District Court for the Northern District of California ruled that some...more

Kilpatrick

In First Major Substantive Decision Addressing GenAI Training Data, Judge Alsup Declares Large Language Models “Among the Most...

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On June 23, 2025, Judge Alsup issued a much-anticipated summary judgment ruling in a copyright case brought by a group of authors seeking to challenge Anthropic’s alleged copying of millions of books in connection with...more

Dickinson Wright

Navigating Copyright Across Borders: How U.S. Registration Strengthens Global Protection

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In an increasingly interconnected world, authors and rights holders must understand how their copyrights are treated beyond U.S. borders. Despite the global nature of creative content distribution, international copyright law...more

Ervin Cohen & Jessup LLP

Major Studios Strike Back: Disney & Universal Sue Midjourney Over AI-Created Characters

On June 11, 2025, Disney (including Lucasfilm, Marvel, and 20th Century Studios) and Universal Pictures (including DreamWorks) filed a Complaint for direct and secondary copyright infringement in the Central District of...more

Falcon Rappaport & Berkman LLP

Getty Images vs. Stability AI: The Landmark Copyright Battle Shaping The Future of Generative AI

Getty Images, a well-known visual media company and supplier of stock images, is facing off against a London-based artificial intelligence company, Stability AI, in what is considered to be the first major copyright trial of...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

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

Farella Braun + Martel LLP

The Distinct Concepts of Copyright and Right of Publicity In Photos

A recent lawsuit filed by photographer Jackson Lee against MediaNews Group illustrates the important distinction between copyright and the right of publicity. Lee claims the publisher used his photos of Beyoncé, Jennifer...more

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

IP Hot Topic: The (Media) Empire Strikes Back

Some of the largest movie studios have entered the fray of GenAI copyright litigation. Disney, Marvel, Lucasfilm, Twentieth Century Fox, Universal Pictures, and DreamWorks sued the image-GenAI company Midjourney, Inc. in the...more

Farella Braun + Martel LLP

Take Care Before You Share: How Copyright Registration Can Turn Nothing Into Something

A recent lawsuit against actor and comedian Marlon Wayans underscores the practical value created by  securing a copyright registration early and the associated risk doing so creates for a third-party user....more

Perkins Coie

Copyright Office Stakes Out Position on Use of Works for AI Training

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Key Takeaways - -The U.S. Copyright Office released a “prepublication” version of Part Three of its artificial intelligence (AI) report addressing generative AI training. -The report considers both whether training a...more

McDermott Will & Emery

No Fair Use Defense Results in Default Judgment

The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of a copyright infringement claim alleging copying of a photograph, finding that the defendant’s use of the photograph did not constitute...more

Jones Day

U.S. Copyright Office Issues Guidance on Generative AI Training

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To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more

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