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Category: AI Copyright Wars

Judge Orrick denies in part motion to dismiss: Sarah Andersen copyright lawsuit survives on claim of copyright and Lanham Act

In Sarah Andersen v. Stability AI, Judge Orrick issued his order granting in part the defendants’ motion to dismiss the DMCA CMI claims, contract claims, and breach of implied covenant of good faith and fair dealing (against DeviantArt) with prejudice and unjust enrichment claim with leave to amend, but denying the motion on the key…
Read more: Judge Orrick denies in part motion to dismiss: Sarah Andersen copyright lawsuit survives on claim of copyright and Lanham Act
Judge Bibas declines to rule on whether any headnotes are uncopyrightable, but allows ROSS to submit evidence of public benefit of generative AI at trial

With the first trial in an AI copyright lawsuit set only 2 weeks away (on Monday, Aug. 26), Judge Bibas issued some major pretrial rulings. Jury to determine copyrightability of headnotes First, he denied ROSS Intelligence’s request to have the court filter out allegedly uncopyrightable headnotes of West added to their case reports. Judge Bibas…
Read more: Judge Bibas declines to rule on whether any headnotes are uncopyrightable, but allows ROSS to submit evidence of public benefit of generative AI at trial
Status of all 28 copyright lawsuits plus 1 new state law suit v. AI (Aug. 7, 2024): 2d case involving YouTube videos but no copyright claim

Here’s the latest status report on all 28 copyright lawsuits against AI companies. Major developments: Other developments include: New developments since last week’s report are indicated with an asterisk*. Case name Jurisdiction Judge Latest status Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. D. Del. Bibas *Final Pretrial Conference proceedings held before…
Read more: Status of all 28 copyright lawsuits plus 1 new state law suit v. AI (Aug. 7, 2024): 2d case involving YouTube videos but no copyright claim
OpenAI sued again in in Millette v. OpenAI based on use of YouTube videos to train AI. But no copyright claims raised. Download Complaint (PDF)

OpenAI was sued yet again based on its alleged use of YouTube videos to train AI models of OpenAI. The lawsuit, Millette v. OpenAI, proposes a class action for YouTube video creators based on OpenAI’s alleged “the surreptitious, non-consensual transcription of millions of YouTube users’ videos by Defendants to train Defendants’ AI software products.” But,…
Read more: OpenAI sued again in in Millette v. OpenAI based on use of YouTube videos to train AI. But no copyright claims raised. Download Complaint (PDF)
AI music generators Udio, Suno issue forceful fair use defense v. music labels

The AI music generators Udio and Suno both filed their Answers in their respective lawsuits brought by the music labels. In their Answers, the two companies, both represented by Lathan & Watkins attorneys, make a forceful fair use defense. The defendants go even further: they raise a defense of copyright misuse by the music labels…
Read more: AI music generators Udio, Suno issue forceful fair use defense v. music labels
Status of all 28 copyright suits v. AI (Jul. 23, 2024): ROSS gets chance to identify uncopyrightable headnotes

Here’s the latest status report for all U.S. copyright lawsuits against AI companies. Highlights New developments from last week’s report are indicated below with an asterisk*. Case name Jurisdiction Judge Latest status Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. D. Del. Bibas *ORAL ORDER: ORDER Ross to submit a list of all headnotes…
Read more: Status of all 28 copyright suits v. AI (Jul. 23, 2024): ROSS gets chance to identify uncopyrightable headnotes
Status of all 28 copyright suits v. AI (Jul. 14, 2024)

Here is the latest status report for all U.S. copyright lawsuits against AI companies. Given the July 4th holiday, the week was quieter. Highlights: New developments from last week’s report are indicated below with an asterisk*. Case name Jurisdiction Judge Latest status Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. D. Del.…
Read more: Status of all 28 copyright suits v. AI (Jul. 14, 2024)
Download updated Map of Copyright Lawsuits v. AI (July 2024)

Download our updated map of all 28 copyright lawsuits against AI companies. The PDF below has clickable links to dockets for each case. Notice how the lawsuits are now all on the coasts after the Concord Music v. Anthropic lawsuit was transferred to the N.D. California.
Read more: Download updated Map of Copyright Lawsuits v. AI (July 2024)
Judge Tigar dismisses DMCA claims for CMI in Doe 1 v. GitHub, again

After the parties agreed no redactions were necessary, Judge Tigar’s order dismissing the second amended complaint’s(SAC’s) DMCA claims for copyright management information under 1202(b)(1) and (b)(3) is now available. No surprise, Judge Tigar dismissed the claims again (after having dismissed them once before). Applying Ninth Circuit law, Judge Tigar ruled that the DMCA claims for…
Read more: Judge Tigar dismisses DMCA claims for CMI in Doe 1 v. GitHub, again
Status of all 27 copyright suits v. AI (Jul. 5, 2024): Huckabee suit revived. Michael Chabon, Ayelet Waldman to drop out of Meta suit.

Here’s the latest status report of all 27 copyright suits–soon to be 28 suits—against AI companies. Even with the July 4th holiday, there was plenty activity. Case name Jurisdiction Judge Latest status Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. D. Del. Bibas *Plaintiffs’ opposition to filtration hearing due on Jul. 5,…
Read more: Status of all 27 copyright suits v. AI (Jul. 5, 2024): Huckabee suit revived. Michael Chabon, Ayelet Waldman to drop out of Meta suit.