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Machine Learning Copyright Litigation Technology Sector

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

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

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

Perkins Coie

Copyright Office Solidifies Stance on the Copyrightability of AI-Generated Works

Perkins Coie on

Earlier this year, the U.S. Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with the...more

Patterson Belknap Webb & Tyler LLP

AI Training Using Copyrighted Works Ruled Not Fair Use

In the first substantive decision regarding whether use of copyrighted works to train an artificial intelligence (“AI”) tool constitutes fair use under copyright law, the U.S. District Court for the District of Delaware in...more

Mayer Brown

ROSS AI Decision Gives Early Indication of Strengths and Weaknesses of Fair Use Defense

Mayer Brown on

On Tuesday, a Delaware federal district court granted partial summary judgment to Thomson Reuters Enterprise Centre GmbH (“Thomson Reuters”) in its copyright litigation against ROSS Intelligence (“ROSS”). The lawsuit, which...more

Bond Schoeneck & King PLLC

AI Model Training is Unfair – In Limited Circumstances

A Delaware federal district court made headlines this week by issuing the first court decision rejecting fair use as a defense in training artificial intelligence (AI) models with copyrighted content. In Thomson Reuters...more

Bradley Arant Boult Cummings LLP

Fair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSS

Fair use — a critical defense in copyright law that allows limited use of copyrighted material without permission — has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation. In a...more

Carlton Fields

Use of Copyrighted Works in AI Training Is Not Fair Use: Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.

Carlton Fields on

With the Trump administration’s push to establish America’s global dominance in artificial intelligence (AI), thorny questions of intellectual property rights and fair use are likely to be litigated with greater frequency....more

Wolf, Greenfield & Sacks, P.C.

Fair Use in AI Copyright Litigation: A Surprising Turn in Thomson Reuters v. Ross

From the pages of The New York Times to the…general counsel’s office of The New York Times, AI copyright litigation is all the rage. Possible questions include the philosophical—e.g. “Could an AI agent hold a copyright?”—but...more

Husch Blackwell LLP

Delaware Court Grants Summary Judgment to Plaintiff in Machine Learning / AI Copyright Case

Husch Blackwell LLP on

Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more

Lowenstein Sandler LLP

Federal Court Rules Against ‘Fair Use’ Defense for AI Training

Lowenstein Sandler LLP on

On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s...more

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

Fair-Use Whiplash: Thomson Reuters v. Ross Intelligence Revisits Fair Use for Artificial Intelligence

On Tuesday, February 11, a Delaware district court issued much-awaited summary-judgment decisions in Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc., No. 1:20-cv-613, potentially shaping how future...more

Fox Rothschild LLP

The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright Owners

Fox Rothschild LLP on

Yesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District Court for the District of...more

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

AI IP Year in Review - Five Key Takeaways from the 2024 House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

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

AI IP Year in Review - The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of...

Since platforms like Midjourney and DALL-E became popular, using text-to-image models to generate “AI art” has surged, making it increasingly difficult to distinguish between AI-generated art and human-created works. This...more

Benesch

AI Reporter - September 2024

Benesch on

There has been a seismic shift in the relationship between Big Tech’s AI power couple, Microsoft and OpenAI. The former listed the AI pioneer as a competitor in its annual report, perhaps signaling a less friendly dynamic...more

HaystackID

Ongoing Legal Battles Over AI Copyright Infringement: Implications for Tech Companies

HaystackID on

The ongoing legal battle between several visual artists and generative artificial intelligence (AI) platforms, including Midjourney and Stability AI, has significant implications for copyright law and its application to AI...more

Farella Braun + Martel LLP

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

K&L Gates LLP on

Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

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