News & Analysis as of

Machine Learning Artificial Intelligence Copyright Litigation

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

Epstein Becker & Green

Copyright Infringement Liability for Generative AI Training Following the Copyright Office’s AI Report and Administrative Shakeup

Epstein Becker & Green on

When multiple forces act on an object, its direction of motion is determined by the net force, which is the vector sum of all individual forces. When this happens within our federal government, we call it “interesting times.”...more

Wiley Rein LLP

Copyright Office Issues Key Guidance on Fair Use in Generative AI Training

Wiley Rein LLP on

On May 9, 2025, the U.S. Copyright Office (the Office) released the third and final report in its “Copyright and Artificial Intelligence” series, offering its most comprehensive guidance to date on one of the most contested...more

Baker Botts L.L.P.

U.S. Copyright Office Issues Part 3 Pre-Publication Report on Generative AI and Copyright Law

Baker Botts L.L.P. on

The U.S. Copyright Office released a pre-publication version of its third report on Copyright and Artificial Intelligence, a key installment in its ongoing examination of AI's intersection with copyright law. This report...more

Robinson+Cole Data Privacy + Security Insider

Generative AI Training May Not Qualify for the Fair Use Defense

Last week, the Copyright Office released the third and final part of its report exploring copyright-related issues posed by artificial intelligence (AI). Unlike the first two parts, the third was released as a...more

Benesch

AI Reporter - May 2025

Benesch on

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

Kaufman & Canoles

AI and Copyrights

Kaufman & Canoles on

Hours before the Register of Copyrights, Shira Perlmutter, was unceremoniously fired, the U.S. Copyright Office published long-awaited guidance on the use of copyrighted content for training artificial intelligence (AI)....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

Ervin Cohen & Jessup LLP

Kadrey v. Meta: The First Major Test of Fair Use in the Age of Generative AI

On May 1, 2025, a federal courtroom in San Francisco became ground zero for one of the most consequential copyright hearings in recent memory. The three hour hearing in Kadrey v. Meta Platforms marked the first major judicial...more

Lowenstein Sandler LLP

US Copyright Office Releases Long-Awaited Report on Generative AI Training and Copyright Law

Lowenstein Sandler LLP on

On May 9, the U.S. Copyright Office issued a prepublication version of Part 3 of its multipart report titled “Copyright and Artificial Intelligence: Generative AI Training,” addressing the use of copyrighted works in the...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

Perkins Coie on

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

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

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

International Lawyers Network

Charting a Course on AI Policy: the U.S. Copyright Office Speaks!

Recently, the U.S. Copyright Office published the second of an intended three-part report entitled “Copyright and Artificial Intelligence.”...more

Womble Bond Dickinson

Uncertainty Means AI Training Can Continue

Womble Bond Dickinson on

Over 30 lawsuits challenging the training of Generative AI on copyrighted materials are pending, most in federal courts across the country. The copyrighted materials range from news stories to photographs to music. The law is...more

EDRM - Electronic Discovery Reference Model

Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – OpenAI releases new image generation model sparking social media frenzy, Anthropic marks a court victory in AI...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Mintz - Antitrust Viewpoints

DC Circuit Court Rules AI Cannot be Author of Copyrighted Work, and NIST Finalizes AI Report — AI: The Washington Report

On March 18, the US Court of Appeals for the DC Circuit ruled that an AI model cannot be the author of copyrighted material under existing copyright law. The court affirmed the US Copyright Office’s long-standing human...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

Farella Braun + Martel LLP

Injunctive Relief Is Not Yet a Viable Remedy for Copyright Infringement Claims Involving GenAI

Since a February 11, 2025 decision by Judge Stephanos Bibas finding in favor of Plaintiff Thomson Reuters on copyright infringement during the model training process in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS...more

DLA Piper

Copyrightability of genAI Outputs in the US: Key Developments

DLA Piper on

Key takeaways from the US Copyright Office’s Copyrightability Report and the DC Circuit’s March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2:...more

MoFo Tech

D.C. Circuit Holds that Works Created Solely by AI are Not Copyrightable

MoFo Tech on

On March 18, 2025, the D.C. Circuit Court of Appeals affirmed the D.C. District Court’s and U.S. Copyright Office’s decisions, holding that a copyrighted work cannot be authored exclusively by an AI system. Computer...more

McCarter & English, LLP

Paradise Lost: DC Circuit Affirms AI Has No Soul

Is copyright limited to human authorship? Or, may artificial intelligence create a work of art or write a novel that qualifies for copyright protection? Recently a federal appeals court concluded that only humans are entitled...more

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