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Third Circuit sets oral argument for June 11 in 1st appeal of decision on fair use in AI training. Thomson Reuters v. ROSS Intelligence follows another recent Third Circuit decision on fair use in American Society for Testing v. UpCodes.
Read more: Third Circuit sets oral argument for June 11 in 1st appeal of decision on fair use in AI training. Thomson Reuters v. ROSS Intelligence follows another recent Third Circuit decision on fair use in American Society for Testing v. UpCodes.Mark your calendars for June 11, 2026. The Third Circuit will hear oral argument in Thomson Reuters v. ROSS Intelligence. It’s the first appeal of a decision related to the question whether the use of copyrighted works (here, Westlaw headnotes for judicial opinions) to train an AI model is a fair use. Judge Bibas reversed…
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Trump’s Copyright Deal? White House backs both fair use in AI training and Congress’s consideration of facilitating negotiated collective licenses. But White House defers to courts’ resolution of fair use.
Read more: Trump’s Copyright Deal? White House backs both fair use in AI training and Congress’s consideration of facilitating negotiated collective licenses. But White House defers to courts’ resolution of fair use.President Trump’s White House just issued a “National Policy Framework: Artificial Intelligence” for Congress to consider legislative actions related to various AI related issues. Part III deals with the copyright controversies related to AI. The White House tries to thread the needle by (1) stating its view that using copyrighted works to train AI models…
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In cases filed by Darius H. James, Together Computer, Cerebras may raise issue whether training AI models with copyrighted works in academic research is fair use
Read more: In cases filed by Darius H. James, Together Computer, Cerebras may raise issue whether training AI models with copyrighted works in academic research is fair useBook author Darius H. James filed 3 copyright lawuits against 3 different defendants: Together Computer, Cerebras Systems, and Snowflake. In their respective Joint Case Management Statements, both Together Computer and Cerebras Systems may have just raised an important legal question: Is training AI models with copyrighted works in academic research a fair use? Here’s the…
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Elon Musk, Tesla assert fair use defense for alleged use of Blade Runner 2049 still
Read more: Elon Musk, Tesla assert fair use defense for alleged use of Blade Runner 2049 stillThings just got a bit more interesting in the Alcon Entertainment v. Tesla case. For the background to this copyright lawsuit, see our prior post: After 2 rounds of motions to dismiss and a Third Amended Complaint, Tesla and Elon Musk filed another motion to dismiss. As you can see from the Table of Contents,…
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Publication: Fair Use and the Origin of AI Training
Read more: Publication: Fair Use and the Origin of AI TrainingHot off the presses, now published in the Houston Law Review: My article on “Fair Use and the Origin of AI Training,” 63 Hou. L. Rev. 105 (2025). You can download the PDF by going here and clicking “Save article as” in the center. Excerpt: Related Stories:
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Thomson Reuters files its appellee brief in ROSS Intelligence case 2 days before deadline (albeit after an extension)
Read more: Thomson Reuters files its appellee brief in ROSS Intelligence case 2 days before deadline (albeit after an extension)Exciting news: Thomson Reuters filed its Brief of Appellees today, 2 days before the (extended) deadline on Nov. 21. This is the interlocutory appeal in Thomson Reuters v. Ross Intelligence before the Third Circuit. I don’t recall ever seeing a brief filed early. But this one does come following a 30 day extension. Excerpts from…
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Scholarship: Copyright Dilution Under Constitutional Scrutiny
Read more: Scholarship: Copyright Dilution Under Constitutional ScrutinyHappy to share my latest scholarship. Copyright Dilution Under Constitutional Scrutiny examines the curious (putative) doctrine of copyright dilution that copyright stakeholders are advancing in their lawsuits against AI companies. This is a new doctrine being developed on the fly. It is also unconstitutional. This Essay explains why. Download the preprint version on SSRN. The…
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Magistrate Judge Levenson grants in part Suno’s request for discovery re: UMG’s intent to rely on licensing agreements in Factor 4 fair use analysis
Read more: Magistrate Judge Levenson grants in part Suno’s request for discovery re: UMG’s intent to rely on licensing agreements in Factor 4 fair use analysisMagistrate Judge Levenson issued an electronic order in the UMG Recordings v. Suno suit: “ELECTRONIC ORDER entered GRANTING in part and DENYING in part the discovery requests as set forth in 153 Letter/request (non-motion): The first part deals with identifying the documents for which UMG is asserting privilege related to UMG’s decision to bring the…
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The Fair Use Triangle: state of fair use in AI training 2025. No more decisions until mid to late 2026.
Read more: The Fair Use Triangle: state of fair use in AI training 2025. No more decisions until mid to late 2026.Now we know that we won’t have any new decisions on fair use in AI training from other district court judges until mid-2026 at the earliest, let’s take stock of where things stand. 3 Decisions on Fair Use in AI Training: 2 decisions for fair use and 1 against It’s fair (no pun intended) to…
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Which judge will decide fair use next in AI copyright litigation? Judge Saylor IV, most likely
Read more: Which judge will decide fair use next in AI copyright litigation? Judge Saylor IV, most likelyDue to a change in scheduling order in the In re Mosaic LLM Litigation and Concord Music v. Anthropic, we have a new “on the clock” list for the next potential fair use decision, which will not come until 2026. We have an updated prediction of which district court judge will have the next decision…