Tuesday, December 2, 2025

Two AI copyright cases, two very different outcomes – here’s why; The Conversation, December 1, 2025

Reader in Intellectual Property Law, Brunel University of London , The Conversation; Two AI copyright cases, two very different outcomes – here’s why

"Artificial intelligence companies and the creative industries are locked in an ongoing battle, being played out in the courts. The thread that pulls all these lawsuits together is copyright.

There are now over 60 ongoing lawsuits in the US where creators and rightsholders are suing AI companies. Meanwhile, we have recently seen decisions in the first court cases from the UK and Germany – here’s what happened in those...

Although the circumstances of the cases are slightly different, the heart of the issue was the same. Do AI models reproduce copyright-protected content in their training process and in generating outputs? The German court decided they do, whereas the UK court took a different view.

Both cases could be appealed and others are underway, so things may change. But the ending we want to see is one where AI and the creative industries come together in agreement. This would preferably happen with the use of copyright licences that benefit them both.

Importantly, it would also come with the consent of – and fair payment to – creators of the content that makes both their industries go round."

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