Category: Copyright

Status of all 39 copyright lawsuits v. AI (Feb. 18, 2025): Judge Bibas rejects fair use in AI training in stunning reversal.

It’s been a hot minute since our last update. Here’s the latest on all 39 copyright lawsuits against AI companies. New cases Significant rulings Upcoming Hearings Visit our Master List of all copyright cases with attorneys and claims listed. Case name Jurisdiction Judge Latest status Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence…
Read more: Status of all 39 copyright lawsuits v. AI (Feb. 18, 2025): Judge Bibas rejects fair use in AI training in stunning reversal.
Judge Bibas Then and Now on fair use in training AI models. Side by side comparison of Judge’s analysis.

It’s useful to compare Judge Bibas’s fair use analysis of the purpose of the defendant ROSS’s use of Westlaw’s copyrighted headnotes for legal decisions. Two things are apparent: 1. While Judge Bibas cautioned in 2023 about “over-reading” the Warhol decision, Judge Bibas in 2025 basically has read Warhol to apply in a way that eliminates…
Read more: Judge Bibas Then and Now on fair use in training AI models. Side by side comparison of Judge’s analysis.
Millette plaintiffs don’t oppose dismissal of their state law claims v. OpenAI

The Millette plaintiffs, creators of YouTube videos, waved the white flag on their state law claims against OpenAI. Instead of opposing OpenAI’s motion to dismiss the First Amended Complaint, they do not oppose. Unclear whether the plaintiffs had intended to use the state law claims as a Trojan horse in effect. The only claims they…
Read more: Millette plaintiffs don’t oppose dismissal of their state law claims v. OpenAI
Status of all 35 copyright lawsuits v. AI (Nov. 24, 2024): Concord Music v. Anthropic injunction hearing on Nov. 25; Thomson Reuters SJ hearing on Dec. 5. Standing becomes an issue. Cases march on.

Here’s the latest on all 35 copyright lawsuits against AI companies. Lots going on. Significant rulings Other developments Upcoming Hearings New developments since last week’s report are indicated with an asterisk*. Visit our Master List of all 35 copyright cases with attorneys and claims listed. Case name Jurisdiction Judge Latest status Thomson Reuters Enterprise Centre GmbH et…
Read more: Status of all 35 copyright lawsuits v. AI (Nov. 24, 2024): Concord Music v. Anthropic injunction hearing on Nov. 25; Thomson Reuters SJ hearing on Dec. 5. Standing becomes an issue. Cases march on.
Alcon Entertainment, maker of Blade Runner 2049 film, sues Tesla, Elon Musk, Warner Brothers for copyright infringement.

The copyright lawsuits keep coming. Alcon Entertainment, which owns the copyright to the movie Blade Runner 2049, has sued Elon Musk, Tesla, and Warner Brothers for allegedly infringing a scene from the movie. From the allegations in the Complaint: Here’s where Musk used the generated image and referred to the movie Blade Runner (2049).
Read more: Alcon Entertainment, maker of Blade Runner 2049 film, sues Tesla, Elon Musk, Warner Brothers for copyright infringement.
Status of all 34 copyright lawsuits v. AI (Oct. 21, 2024): Dow Jones & Co., represented by William Barr, sues Perplexity

Here’s the latest on all 34 copyright lawsuits against AI companies: New developments since last week’s report are indicated with an asterisk*. Visit our Master List of all 33 copyright cases with attorneys and claims listed. Case name Jurisdiction Judge Latest status Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. D. Del. Bibas *Redacted…
Read more: Status of all 34 copyright lawsuits v. AI (Oct. 21, 2024): Dow Jones & Co., represented by William Barr, sues Perplexity
Status of all 32 copyright lawsuits v. AI (Oct. 7, 2024): David Boies firm takes lead for Kadrey plaintiffs, but Farnsworth attorneys want in

Here’s the latest on all 32 copyright lawsuits against AI companies. Lots going on. Here are the highlights: New developments since last week’s report are indicated with an asterisk*. Visit our Master List of all 32 copyright cases with attorneys and claims listed. Case name Jurisdiction Judge Latest status Thomson Reuters Enterprise Centre GmbH et al v.…
Read more: Status of all 32 copyright lawsuits v. AI (Oct. 7, 2024): David Boies firm takes lead for Kadrey plaintiffs, but Farnsworth attorneys want in
Judge Orrick denies Midjourney’s motion for clarification of order related to trade dress of artists

In the Andersen v. Stability AI case, Judge Orrick denied Midjourney’s request for clarification of the court’s denial of its motion to dismiss the Lanham Act trade dress claims. Midjourney cited Judge Orrick’s own prior decision in its motion: “[C]ourts in this circuit have required trade dress plaintiffs, at the very least, to provide adequate…
Read more: Judge Orrick denies Midjourney’s motion for clarification of order related to trade dress of artists
Unofficial English translation of German court’s decision Kneschke v. LAION under TDM exception

The Hamburg Regional Court just issued an important decision finding that the nonprofit’s collection of photographs of Robert Kneschke from the Internet (in the process of scraping online content) for inclusion in LAION’s dataset (used by others to train AI models) fell within the exception in German law for noncommercial text and data mining (TDM),…
Read more: Unofficial English translation of German court’s decision Kneschke v. LAION under TDM exception
Jason Allen v. Shira Perlmutter complaint. Seeks declaration AI-prompted Théâtre D’opéra Spatial is work of authorship

We finally have a lawsuit challenging the U.S. Copyright Office’s misguided approach denying authorship in AI-generated works under the obscure requirement of “traditional elements of authorship,” a term that no federal court has ever used in a copyright decision. Jason Allen, whose initial version of the work Théâtre D’opéra Spatial (on the left) was denied…
Read more: Jason Allen v. Shira Perlmutter complaint. Seeks declaration AI-prompted Théâtre D’opéra Spatial is work of authorship