News & Analysis as of

Fair Use

Houston Harbaugh, P.C.

U.S. District Judge Refuses To Dismiss Copyright Infringement Claims against Musk and Tesla®* in Blade Runner 2049 Case

Houston Harbaugh, P.C. on

AI, Sci-Fi, and Copyright Collide in Alcon Entertainment LLC v. Tesla Inc. et al., Case No. 2:24-cv-09033, in the U.S. District Court for the Central District of California. In a fascinating twist of sci-fi meets reality,...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

Dorsey & Whitney LLP

To Recuse or Not to Recuse? An Update.

Dorsey & Whitney LLP on

Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme...more

Sheppard Mullin Richter & Hampton LLP

Court Grants Interlocutory Appeal on AI Fair Use Issue

We previously reported on the groundbreaking AI Fair Use ruling in the Thomson Reuters Ross Intelligence case, where the court found that based on the facts of this case fair use was not a defense. Ross Intelligence moved,...more

Arnall Golden Gregory LLP

Key Takeaways From the Copyright Office's Report on the Economic Impact of AI

In February 2025, the U.S. Copyright Office released a report titled “Identifying the Economic Implications of Artificial Intelligence for Copyright Policy.” Edited by Brent Lutes, the Office’s chief economist, the volume...more

Sunstein LLP

Bad Spaniels on Remand: Parody Provides an Escape from Infringement But Not From Dilution

Sunstein LLP on

The dispute at issue in Jack Daniel’s arises from a conflict between the well-known whiskey company and a dog toy company (VIP) regarding VIP’s unauthorized use of Jack Daniel’s trademarks and trade dress in connection with a...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

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

ArentFox Schiff

Design Disputes: Unraveling the Tapestry of Legal Trends for Litigation in the Furniture and Design Worlds

ArentFox Schiff on

In the fast-paced and competitive world of furniture and design, where partnerships and innovations flourish, but consumers’ attention is increasingly divided, legal disputes are increasingly common....more

Benesch

AI Reporter - March 2025

Benesch on

Google removed its organizational ban on the use of AI for weapons and surveillance systems. The change eliminates key portions of the tech giant’s AI Principles that banned such uses. These principles, established in 2018,...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

Ropes & Gray LLP

Does Training an AI Model Using Copyrighted Works Infringe the Owners’ Copyright? An Early Decision Says, “Yes.”

Ropes & Gray LLP on

As has been widely reported, including in our year-end summary of the current state of artificial intelligence (“AI”)-related copyright litigation, AI providers are currently facing a wave of lawsuits1 from copyright owners...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

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

Miller Nash LLP

AI Training and Copyright: Court Rejects Fair Use Defense in Thomson Reuters Case

Miller Nash LLP on

“A smart man knows when he is right; a wise man knows when he is wrong. Wisdom does not always find me, so I try to embrace it when it does—even if it comes late, as it did here.” It’s not common for a federal judge to make...more

Mayer Brown

Fair Use and the Future of AI: A Closer Look at Thomson Reuters v. Ross

Mayer Brown on

Just two months in, 2025 is already delivering significant developments in AI and technology law. In this episode, host Julian Dibbell is joined by Rich Assmus, a partner in our Intellectual Property practice, to discuss...more

Jones Day

Court Grants Summary Judgment in AI Copyright Clash, Rejecting "Fair Use"

Jones Day on

There are numerous actions currently pending in federal courts that involve artificial intelligence ("AI") and copyright law. Among other things, courts must determine if infringement occurs when an AI is trained on...more

Quarles & Brady LLP

Competitive AI Use May Raise IP Issues

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As more and more companies employ artificial intelligence (“AI”) in their business activities, novel legal questions continue to arise. Of particular note is the application of existing principles of intellectual property...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

Sheppard Mullin Richter & Hampton LLP

Indian Music Industry Enters the Global Copyright Debate Over AI

The legal battles surrounding generative AI and copyright continue to escalate with prominent players in the Indian music industry now seeking to join an existing lawsuit against OpenAI, the creator of ChatGPT. On February...more

Kohrman Jackson & Krantz LLP

Fair Use Doctrine Falters in Groundbreaking AI Copyright Decision

The U.S. District Court for the District of Delaware delivered a watershed ruling in Thomson Reuters v. Ross Intelligence on February 11, 2025, providing clarity on an often-asked question:  is the utilization of copyrighted...more

Mintz

Copying Westlaw Headnotes to Train AI Legal Search Competitor Is Not Fair Use, Per District of Delaware

Mintz on

On February 11, 2025, Third Circuit visiting Judge Stephanos Bibas, sitting by designation on the U.S. District Court for the District of Delaware, granted summary judgment that Ross Intelligence directly infringed Thomson...more

Schwabe, Williamson & Wyatt PC

Delaware Court Delivers First Copyright Verdict on AI Training

On February 11, 2025, the U.S. District Court for the District of Delaware became the first to rule on whether the use of copyrighted materials to train an AI system qualifies as copyright infringement. In Thomson-Reuters...more

Greenberg Glusker LLP

AI Training, Fair Use, and the Burdens of Being First

Greenberg Glusker LLP on

Judge Bibas’s second take in Thomson Reuters v. Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. “Highly fact-specific.” “Narrowly decided.” A case with...more

Benesch

No ‘Fair Use’ Defense for Using Copyrighted Works for Training AI Models

Benesch on

On February 11, 2025, the U.S. District Court for the District of Delaware granted Summary Judgment in favor of Thomson Reuters in Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. holding that the use of...more

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