News & Analysis as of

Transformative Use

Sheppard Mullin Richter & Hampton LLP

Rewriting Reality: How AR and VR Are Reshaping Art

The art world is experiencing a digital revolution. Immersive technologies are reimagining the shapes that art can take and how the public can view the art. Museums offer augmented reality overlays that animate paintings....more

Baker Botts L.L.P.

Out of the Shadow Library: Fair Use and AI Training Data

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Since the launch of the first Large Language Models (LLMs), a wave of copyright litigation has been initiated by authors, musicians, and news organizations alleging that their works were misappropriated to build today’s most...more

Ervin Cohen & Jessup LLP

Courts Decline to Short-Circuit AI Copyright Claims

Two recent decisions by the District Court for the Southern District of New York offer guidance on how courts are approaching copyright claims against generative AI companies. ...more

Offit Kurman

Embedded Videos — Fair Use or Infringement? What the Latest Court Decision Means for Publishers

Offit Kurman on

In early December 2025, the Southern District of New York issued a decision in Level 12 Productions, LLC v. Mediaite, LLC. The holding highlights a growing risk for publishers and businesses that use embedded social media...more

Weintraub Tobin

The Briefing: What Is Fair Use and Why Does It Matter? (Featured)

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Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this...more

Weintraub Tobin

(Podcast) The Briefing: What Is Fair Use and Why Does It Matter? (Featured)

Weintraub Tobin on

Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this...more

Loeb & Loeb LLP

Zlozower v. The Rock & Roll Hall of Fame and Museum, Inc.

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District court finds Rock & Roll Hall of Fame’s use of cropped photographs of rock band Van Halen as part of exhibit about instruments used throughout rock and roll history constituted fair use, dismissing photographer’s...more

Vondran Legal

Reaction Videos and Copyright Law: Best Practices to Stay Out of Court

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Reaction videos are everywhere. Whether it is a YouTuber breaking down a music video, a streamer commenting on a movie trailer, or a TikTok creator responding to viral clips, audiences love watching people react in real time....more

Verrill

F__r Use: Do Recent U.S. Court Decisions Indicate AI Training is Covered Under Fair Use?

Verrill on

Recent U.S. court decisions have seemingly addressed whether the use of copyrighted materials for Artificial Intelligence (AI) training should be considered fair use. However, these decisions do not have the sweeping...more

Holland & Knight LLP

When Section 101 Goes to Trial: Alice Step Two Decided by Jury

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Many of the cases we discuss on this blog are decided at the district court level on a motion to dismiss or for judgment on the pleadings. Some are decided on summary judgment. But what happens when step two of the inquiry...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Billions for Books: Anthropic’s Settlement and The Future of AI Copyright - Updated 10.8.25

This summer, artificial intelligence (“AI”) developers notched their first major fair use victory when U.S. District Judge William Alsup issued a split ruling on whether AI companies like Anthropic may legally train large...more

Miller Johnson

But Your Honor, They Didn’t Transform Anything. I Was Already Willing to Say Anything for Cash!

Miller Johnson on

Santos v. Kimmel, No. 24-2196-cv, 2025 WL 2825050 (2d Cir. Oct. 6, 2025) - Fair use just got a late-night twist: the Second Circuit says Jimmy Kimmel’s jokes about former Congressman George Santos were more than funny—they...more

Chambliss, Bahner & Stophel, P.C.

Implications of Proposed $1.5 Billion Anthropic Copyright Settlement

Likely setting a precedent that will be followed by others suing AI companies over training of LLM models, Anthropic has agreed to a $1.5 billion settlement with book authors....more

Weintraub Tobin

The Briefing: Anthropic Settles AI Training Case for $1.5 Billion +

Weintraub Tobin on

The Anthropic settlement shows just how costly copyright missteps can be in AI development. Anthropic has agreed to a $1.5B settlement after a court found that keeping a permanent library of pirated books was not fair...more

Mogin Law LLP

Ruh-Roh! Major Studios Charge AI Generator Midjourney With Copyright Violations

Mogin Law LLP on

Warner Bros. Discovery and affiliates sued Midjourney, Inc., in the Central District of California on Sept. 5, alleging direct and secondary infringement under the Copyright Act in its use of copyrighted works to train...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Billions for Books: Anthropic’s Settlement and The Future of AI Copyright

This summer, artificial intelligence (“AI”) developers notched their first major fair use victory when U.S. District Judge William Alsup issued a split ruling on whether AI companies like Anthropic may legally train large...more

Houston Harbaugh, P.C.

Historic $1.5 Billion Settlement: What the Bartz v. Anthropic Copyright Case Means for AI and Creative Industries

Houston Harbaugh, P.C. on

“The artificial intelligence landscape shifted dramatically this month when Anthropic, the company behind the popular Claude chatbot, agreed to pay $1.5 billion to settle a class-action copyright lawsuit brought by authors...more

Ropes & Gray LLP

Anthropic’s Landmark Copyright Settlement: Implications for AI Developers and Enterprise Users

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Anthropic, a leading developer of artificial intelligence large language models (LLMs), has reached a settlement in a closely watched dispute with a class of authors and publishers who alleged copyright infringement arising...more

Jaburg Wilk

Two Decisions, Two Distinct Approaches: What Recent AI Copyright Decisions Mean for Authors and Developers

Jaburg Wilk on

As lawsuits over artificial intelligence and copyrights continue to unfold, two recent federal court decisions from the Northern District of California provide early insight—conflicting at times—into how judges will begin to...more

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

IP Hot Topic: From Trillion-Dollar Risk to Resolution: Settlement in the Anthropic Authors’ Class Action

In a July IP Hot Topic, we wrote about a pivotal summary judgment ruling in Bartz v. Anthropic that added another data point in the newly forming fair use landscape for copyright actions against GenAI companies. In that case,...more

Arnall Golden Gregory LLP

Anthropic’s Great Book Heist: Do the Ends Justify the Means When It Comes to Training AI?

Robin Hood, the legendary antihero, is beloved for stealing from the rich and giving to the poor. But what if he stole from the rich and then gave to his own bank account, with the explicit intent of writing checks to the...more

Stradling Yocca Carlson & Rauth

Training AI Models? Here's What You Need to Know About Copyright Risks

It is undeniable that artificial intelligence (AI) is everywhere and having unprecedented rapid effects on business and society.  The law, however, evolves at a slower pace and it takes key decisions by courts and government...more

Knobbe Martens

[Webinar] Fair Use and Generative AI – What the Meta and Anthropic Cases Mean for Your Business - August 19th, 12:00 pm - 1:00 pm...

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Knobbe Martens attorneys Mark Lezama and Lincoln Essig, along with Sam Olive, Senior Director and Associate General Counsel, Intellectual Property at Cisco, will be hosting a webinar on Copyright and AI: Legal Risk After Meta...more

Weintraub Tobin

(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?

Weintraub Tobin on

Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this...more

Weintraub Tobin

The Briefing: What Is Fair Use and Why Does It Matter?

Weintraub Tobin on

Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this...more

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