News & Analysis as of

Machine Learning Copyright Infringement

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

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

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

Sheppard Mullin Richter & Hampton LLP

Copyright Office Report on Training AI and Fair Use

The Copyright Office released a “Pre-publication” version of Part 3 of its Report on Copyright and AI. Coincidentally (?) Shira Perlmuter, the Register of Copyrights, was fired amid a shakeup at the Copyright Office. 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

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

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

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

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

Bradley Arant Boult Cummings LLP

DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for...

Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the...more

Lowndes

When the Machine Becomes the Creator: Artificial Intelligence v. the Human Creator Requirements of U.S. Copyright Law

Lowndes on

On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...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

ArentFox Schiff

For At Least One AI Developer, Fair-Use Defense Fails Against Copyright Infringement Claims

ArentFox Schiff on

As several dozen copyright infringement cases against artificial intelligence (AI) developers continue to proceed through the federal courts, a recent ruling in the District of Delaware suggests that the fair-use defense...more

Warner Norcross + Judd

Is Your Company’s Insurance Ready for AI Challenges?

Artificial intelligence (AI) is attracting widespread attention due to its significant potential to transform how businesses operate. However, new technology also brings the risk of potential harm due to unforeseen defects,...more

Womble Bond Dickinson

Thomson Reuters Emerges Victorious in AI Copyright Battle

Womble Bond Dickinson on

Technology often outpaces the law, but a new copyright infringement decision in the U.S. District Court for the District of Delaware shows that the courts are starting to catch up in regulating artificial intelligence (AI),...more

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