News & Analysis as of

The Copyright Act Machine Learning Fair Use

McDermott Will & Emery

Fair use or foul play? The AI fair use copyright line

The US District Court for the Northern District of California granted summary judgment in favor of an artificial intelligence (AI) company, finding that its use of lawfully acquired copyrighted materials for training and its...more

Ballard Spahr LLP

Novel Ruling Offers Framework for ‘Fair Use’ of Copyrighted Material for Training AI Systems

Ballard Spahr LLP on

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

Baker Donelson

The Northern District of California Weighs in on "Transformative" Use of Copyrighted Books for Training Generative AI Tools

Baker Donelson on

Only a few months ago, the U.S. District Court for the District of Delaware ruled that the use of "headnotes" in a legal search tool, for the purpose of training a competing legal tool driven by artificial intelligence (AI),...more

Womble Bond Dickinson

Multiple California Courts Enter Summary Judgment That Using Copyrighted Material to Train AI Platforms is Fair Use

Womble Bond Dickinson on

Within a roughly one-week period in late June 2025, two federal judges in the Northern District of California entered summary judgment rulings on the issue of “fair use” in connection with generative AI platforms’ use 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

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

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Case against OpenAI is Different. Here's Why.

On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright...more

ArentFox Schiff

Legal Considerations for GCs and CFOs in the Fashion and Retail Industry in 2024

ArentFox Schiff on

The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for...more

DarrowEverett LLP

New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

DarrowEverett LLP on

On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more

White and Williams LLP

Generative Artificial Intelligence: Calling for a New Legal Front

White and Williams LLP on

New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Addresses Copyright Fair Use Defense in Goldsmith

On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith et al., No. 21-869, analyzing the Copyright Act’s first fair...more

ArentFox Schiff

Supreme Court Rules Against Warhol Estate in Copyright Dispute Over Use of Photo of Prince for Magazine Cover — Potentially...

ArentFox Schiff on

On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use...more

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