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Intellectual Property Protection Fair Use

Polsinelli

AI vs. Authors: Two California Judges, Two Directions and More Uncertainty on Fair Use and Copyright

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Key Takeaways - Courts Lean Toward Fair Use for AI Training: Two California rulings suggest that using copyrighted works to train artificial intelligence (AI) may be considered fair use if outputs are transformative and do...more

Loeb & Loeb LLP

Kadrey v. Meta Platforms, Inc.

Loeb & Loeb LLP on

District court holds that Meta’s downloading of books from online “shadow libraries” and use of such books to train its Llama large language models constitutes fair use, but endorses “market dilution” theory of harm as...more

Knobbe Martens

Fair Use and the Future of Generative AI: Lessons from the Meta and Anthropic Copyright Cases

Knobbe Martens on

With the release of ChatGPT in late 2022, generative AI entered the cultural zeitgeist. Not surprisingly, within a few months, the first generative AI lawsuits were filed in the U.S. (e.g., Andersen v. Stability AI, Getty v....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

Frost Brown Todd

Midjourney Faces Disney Lawsuit Just as Court Backs Fair Use in AI Training

Frost Brown Todd on

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

Jones Day

Two U.S. Courts Address Fair Use in Generative AI Training Cases

Jones Day on

Federal courts continue to address whether training artificial intelligence ("AI") models on copyrighted materials without a license constitutes copyright infringement....more

Troutman Pepper Locke

Fair Is Fair? Navigating Product Integration and Clearance for Content Creators

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When you are in the business of creating content, it’s crucial to know when licenses or permissions are required to use the intellectual property of others (such as copyright and trademarks). In this article, we explore what...more

Ervin Cohen & Jessup LLP

Timbaland & Suno Highlight The Legal Risks of AI Music Tools

Suno is a leading AI-powered music generation platform which transforms simple text prompts, images, videos, or audio clips into fully produced songs complete with vocals and instrumentation. Last week, renowned music...more

Seyfarth Shaw LLP

Copyright Office Firings Spark Constitutional Concerns Amid AI Policy Tensions

Seyfarth Shaw LLP on

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

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

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

ArentFox Schiff on

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

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

Mayer Brown

Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks

Mayer Brown on

As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual...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

Jones Day

JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows

Jones Day on

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

Dorsey & Whitney LLP

To Recuse or Not to Recuse? An Update.

Dorsey & Whitney LLP on

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

Arnall Golden Gregory LLP

Key Takeaways From the Copyright Office's Report on the Economic Impact of AI

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

Dorsey & Whitney LLP

Generative AI and the Copyright Office - Part 2 of Long-Awaited Guidance, But Will It Continue?

Dorsey & Whitney LLP on

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

ArentFox Schiff

Design Disputes: Unraveling the Tapestry of Legal Trends for Litigation in the Furniture and Design Worlds

ArentFox Schiff on

In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers’ attention is increasingly divided, legal disputes are increasingly common....more

Barnea Jaffa Lande & Co.

Precedent-setting ruling by a US court on a copyright lawsuit against an artificial intelligence platform

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

Ropes & Gray LLP

Does Training an AI Model Using Copyrighted Works Infringe the Owners’ Copyright? An Early Decision Says, “Yes.”

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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

Miller Nash LLP

AI Training and Copyright: Court Rejects Fair Use Defense in Thomson Reuters Case

Miller Nash LLP on

“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

Mayer Brown

Fair Use and the Future of AI: A Closer Look at Thomson Reuters v. Ross

Mayer Brown on

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

Jones Day

Court Grants Summary Judgment in AI Copyright Clash, Rejecting "Fair Use"

Jones Day on

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

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