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Features

Hidden Details of AI Training Data Set Creates Dilemma for Copyright Holders’ Infringement Claims Image

Hidden Details of AI Training Data Set Creates Dilemma for Copyright Holders’ Infringement Claims

Michelle Morgante

How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That’s a dilemma that surfaced in late August when a federal judge dismissed a claim of direct infringement raised by a group of authors.

Features

Discovery Block In Authors’ Direct Infringement Claim Against Mosaic AI Program Image

Discovery Block In Authors’ Direct Infringement Claim Against Mosaic AI Program

Michelle Morgante

How are copyright holders to prove their works were used to train AI models if the details about the vast data sets used for such training are kept secret? That dilemma surfaced when a California federal judge recently dismissed a claim of direct infringement raised by a group of authors.

Features

Recent Decisions from CA and NY On AI Training and Copyright Image

Recent Decisions from CA and NY On AI Training and Copyright

Stephen M. Kramarsky

In late July, two important decisions came down from courts in the Northern District of California regarding the unauthorized use of copyrighted material for the training of large language models. No real consensus has emerged as to the effect they will have on the broader AI litigation landscape.

Features

Copyright-Termination Case Complexities and Sixth Circuit’s Decision In “Que Sera Sera” Litigation Image

Copyright-Termination Case Complexities and Sixth Circuit’s Decision In “Que Sera Sera” Litigation

Stan Soocher

The Nashville federal court where the lawsuit was filed summarized the litigation as “concern[ing] the rights to a prolific composer’s music, a dizzying estate plan, and two descendants at odds over how to manage the royalties those compositions earn.”

Features

Copyrights Battles and the Downfall of EU AI Act Image

Copyrights Battles and the Downfall of EU AI Act

Ilia Kolochenko

While the EU AI Act certainly deserves compliments for both its pioneering nature and numerous thoughtful provisions aimed at the efficient and effective regulation of modern AI, it is not without its drawbacks.

Features

Denmark Deepfake Strategy Anchored In Copyright, Not Privacy Image

Denmark Deepfake Strategy Anchored In Copyright, Not Privacy

Linda A. Thompson

Denmark aims to make EU history by using copyright law — not privacy rules — to crack down on deepfakes and protect personal likenesses, diverging from the approaches adopted in the U.S. and other nations.

Features

Meta Gets Victory In Significant AI Copyright Case, But Ruling Limited Image

Meta Gets Victory In Significant AI Copyright Case, But Ruling Limited

Michael Gennaro

A federal judge handed Meta a major win on June 24 in a closely watched copyright case over its use of books to train large language models, but the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.

Features

Ruling in Authors’ AI Suit Lays Out Cautionary Guidelines for Plaintiffs’ Lawyers in Similar Cases Image

Ruling in Authors’ AI Suit Lays Out Cautionary Guidelines for Plaintiffs’ Lawyers in Similar Cases

Michael Gennaro

A federal judge handed Meta a major win in a closely watched copyright case over the use of books to train large language models (LLMs). But the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.

Features

Second Circuit Ruling on Copyright Fair Use Defense and Infringement Lawsuit Default Judgments Image

Second Circuit Ruling on Copyright Fair Use Defense and Infringement Lawsuit Default Judgments

Stan Soocher

In copyright litigation, an infringement defendant may claim fair use as an affirmative defense. But the Second Circuit recently ruled that a district court, on its own initiative, could raise a fair use defense for a defendant that hadn’t appeared in the case.

Features

ChatGPT’s Ghibli-Style Images Are Testing Copyright Law Image

ChatGPT’s Ghibli-Style Images Are Testing Copyright Law

Saishruti Mutneja & Raghav Gurbaxani

Last month, a flood of whimsical, dreamlike portraits in the style of Studio Ghibli (the Japanese animation studio) swept across social media. What began as a playful social trend quickly raised legal concerns. Within days, users began reporting that OpenAI had restricted prompts referencing specific artistic styles. This trend offers a live case study of how generative AI may implicate core doctrines of copyright law, including derivative works, substantial similarity, and fair use.

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