-

Judge Orrick rejects “21st century collage tool” theory of Sarah Anderson’s lawsuit v. AI text to image generators
Read more: Judge Orrick rejects “21st century collage tool” theory of Sarah Anderson’s lawsuit v. AI text to image generatorsJudge Orrick’s order dismissing, with leave to the defendants to amend their complaint, rejected the theory of the plaintiffs Sarah Anderson et al. that all of DeviantArt’s Output Images are infringing derivative works because DeviantArt’s AI program was allegedly trained on copyrighted images. Sarah Anderson’s theory of collage tool: “The resulting image is necessarily a…
-
Judge Orrick dismisses copyright claims v. DeviantArt, Midjourney in Anderson case
Read more: Judge Orrick dismisses copyright claims v. DeviantArt, Midjourney in Anderson caseIn a partial victory for the defendants DeviantArt and Midjourney, Judge Orrick granted their motions to dismiss the copyright claims against them brought in the Sarah Anderson v. Stability AI proposed class action. However, Stability AI’s motion to dismiss was denied. Judge Orrick granted the defendants leave to amend their complaint.
-
Judge Bibas issues 1st ruling on how fair use applies in AI training, after Andy Warhol Foundation decision
Read more: Judge Bibas issues 1st ruling on how fair use applies in AI training, after Andy Warhol Foundation decisionJudge Stephanos Bibas, who is sitting by designation in the District of Delaware, issued the first ruling of a federal court that explains how fair use applies to AI training after the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith. The case involves Ross’s training of AI allegedly based on copies of Westlaw headnotes.…
-
US Copyright Offie notice of inquiry re: AI and copyright (NOI pdf)
Read more: US Copyright Offie notice of inquiry re: AI and copyright (NOI pdf)The Copyright Office issued a notice of inquiry regarding many (excellent) questions related to copyright and AI, from copyrightability to infringement. Easy to read version of Copyright Office NOI on AI Federal Register version of Copyright Office NOI on AI Deadlines to submit to Copyright Office Wednesday, October 18, 2023: Initial written comments are due…
-
New York Times blocks OpenAI from ingesting NYT content; mulls copyright lawsuit v. OpenAI
Read more: New York Times blocks OpenAI from ingesting NYT content; mulls copyright lawsuit v. OpenAIThe New York Times is considering filing a copyright lawsuit against OpenAI, according to NPR, which first reported the story on Aug. 16. OpenAI already faces two proposed class actions in copyright lawsuits. This comes amidst negotiations between the two companies that apparently reached an impasse over licensing content from NYT. OpenAI is still in…
-

Artist Sarah Anderson faces setback in lawsuit v. Stability AI, Midjourney, DeviantArt. Judge Orrick inclined to dismiss most of claims, but allow amended complaint
Read more: Artist Sarah Anderson faces setback in lawsuit v. Stability AI, Midjourney, DeviantArt. Judge Orrick inclined to dismiss most of claims, but allow amended complaintBig news yesterday in the artist Sara Anderson’s proposed class action against Stability AI, Midjourney, and DeviantArt. At the hearing for defendants’ motion to dismiss some of the claims brought by Anderson, Judge Orrick indicated that he agrees with the defendants’ motion and is inclined to dismiss most of the claims without prejudice, meaning the…

