Showing posts with label copyright law. Show all posts
Showing posts with label copyright law. Show all posts

Thursday, April 2, 2026

The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching Effects; The National Law Review, April 1, 2026

 Jeffrey D. DyessBradley Arant Boult Cummings LLP , The National Law Review ; The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching Effects

"On March 25, 2026, the U.S. Supreme Court delivered a landmark decision that will reshape not only how copyright law applies to the internet for years to come, but could impact other areas of intellectual property law as well. In Cox Communications, Inc. v. Sony Music Entertainment, the Court held that internet service providers cannot be held indirectly liable for their customers’ copyright infringement simply because the ISPs knew the infringement was happening but failed to prevent it. The decision reversed and remanded a billion-dollar judgment against ISP Cox Communications and drew a more clearly defined line around secondary copyright liability."

Anthropic boss makes big call on Australian copyright as artists say pay up; Australian Broadcasting Corporation, April 1, 2026

 Clare Armstrong , Australian Broadcasting Corporation; Anthropic boss makes big call on Australian copyright as artists say pay up

"In short:

Anthropic CEO Dario Amodei has told a Canberra forum AI is moving faster than any technological change before it.

Mr Amodei says he is not trying to change Australia's mind on copyright, is worried about AI in the hands of autocratic countries, and feels a tax on profits is inevitable.

What's next?

The $555 billion company behind AI program Claude is facing pushback from artists over the use of copyrighted material to train its technology."

Wednesday, April 1, 2026

Anthropic Races to Contain Leak of Code Behind Claude AI Agent; The Wall Street Journal, April 1, 2026

  Sam Schechner, The Wall Street Journal; Anthropic Races to Contain Leak of Code Behind Claude AI Agent

Developer issues copyright takedown request in bid to prevent competitors from cloning coding tool’s features

"Anthropic is racing to contain the fallout after accidentally exposing the underlying instructions it uses to direct Claude Code, the popular artificial-intelligence agent app that has won the company an edge with developers and businesses.

By Wednesday morning, Anthropic representatives had used a copyright takedown request to force the removal of more than 8,000 copies and adaptations of the raw Claude Code instructions—known as source code—that developers had shared on programming platform GitHub."

Tuesday, March 31, 2026

Copyright Law in 2025: Courts begin to draw lines around AI training, piracy, and market harm; Reuters, March 16, 2026

 and  , Reuters; Copyright Law in 2025: Courts begin to draw lines around AI training, piracy, and market harm

"In 2025, U.S. courts issued the first substantive, merits-stage decisions addressing whether the use of copyrighted works to train generative artificial intelligence systems constitutes "fair use." Although these rulings do not settle all open questions — and in some respects highlight emerging judicial disagreements — they represent a significant inflection point in copyright law's response to large language models, image generators, and other foundation models.

Taken together, these cases establish early guideposts for AI developers, publishers, media companies, and enterprises deploying generative AI systems. Below, we summarize the most important copyright ​decisions and pending cases shaping the law in 2025...

Conclusion and recommendations

The ​2025 decisions reflect cautious but meaningful progress in defining how copyright law applies to generative AI. Courts are increasingly receptive to fair use arguments for training on lawfully acquired data, deeply skeptical of speculative market-harm claims, and uniformly intolerant of piracy. At the same time, cases involving direct competition, news content, and human likeness may test the limits of these early rulings."

I broke up with my Kindle. My new e-reader treats me better.; The Washington Post, March 31, 2026

 , The Washington Post; I broke up with my Kindle. My new e-reader treats me better.

After Amazon’s Kindle removed my ability to download and back up my own e-books, I went in search of an alternative.


"As corporate walled gardens have replaced the freewheeling, open internet of the 1990s and 2000s, we’ve ceded control over almost everything about our online experience. Nearly every keystroke, swipe and tap is now monitored, recorded and analyzed for potential profit.


The Kindle ecosystem is perhaps the apotheosis of this shift. One Guardian reporter found Amazon had recorded every title, highlight and page turn on her Kindle app (40,000 entries over two years). The company’s dominance sets the terms for everyone in the marketplace.


Including me. Like tens of millions of others, I have owned a Kindle (a Paperwhite). Last year, it started to feel as if it owned me. The final straw was when Kindle removed my ability to download and back up my own e-books. So I went in search of an alternative.


I bought a Kobo.


Was it the bibliophile Eden some Kobo fans described? Not quite. The reality was messier than I expected. It turns out we can’t escape Big Brother on our e-readers just yet. But a more open society is coming into view for book lovers — and perhaps all of us.


Here’s how to turn the page."

AMYL AND THE SNIFFERS’ AMY TAYLOR WINS MAJOR COURT VICTORY IN PHOTOGRAPHER COPYRIGHT DISPUTE; Billboard, March 31, 2026

Jessica Lynch , Billboard ; AMYL AND THE SNIFFERS’ AMY TAYLOR WINS MAJOR COURT VICTORY IN PHOTOGRAPHER COPYRIGHT DISPUTE

"A U.S. federal judge has ruled largely in favour of Amyl and the Sniffers frontwoman Amy Taylor in her ongoing copyright dispute with photographer Jamie Nelson."

Monday, March 30, 2026

Axios AI+DC Summit: Copyright protection in the AI era will be up to the courts, industry leaders say; Axios, March 27, 2026

 Julie Bowen, Axios ; Axios AI+DC Summit: Copyright protection in the AI era will be up to the courts, industry leaders say

"Washington, D.C. — As policymakers grapple with how to regulate AI, the hardest questions around copyright and fair use are being punted to the courts, according to governance, creator, and technology experts at an Axios expert voices roundtable.

The big picture: With Congress moving slowly and disagreements over policy, judges are becoming the primary deciders of how AI and the creators work together — or don't.


That's partly by necessity: "Fair use is incredibly complicated — case by case, fact specific," News/Media Alliance president and CEO Danielle Coffey said.


"Each case that we get … we start to get these new guideposts," Jones Walker partner Graham Ryan said.


Ryan said they expect at least three fair use decisions this year that will have implications for the broader AI-artist ecosystem.


Axios' Maria Curi and Ashley Gold moderated the March 25 discussion, which was sponsored by Adobe.

What they're saying: Legal uncertainty remains. For example, two courts within the same district, and during the same week, differed in the reasoning behind their rulings on similar matters of fair use and AI.


"There is a current, live controversy over … the extant understanding of the fourth factor in fair use, which is: Does the copy replace the market for the work?" said Kevin Bankston, senior adviser for the Center for Democracy & Technology.


Still, "we have been trying to support the process through the courts, because we think there is a really strong framework in copyright law for protecting artists right now," according to Public Knowledge president and CEO Chris Lewis."

Friday, March 27, 2026

Supreme Court Agrees With EFF: ISPs Don't Have To Be Copyright Enforcers; Electronic Frontier Foundation (EFF), March 26, 2026

BETTY GEDLU , Electronic Frontier Foundation (EFF); Supreme Court Agrees With EFF: ISPs Don't Have To Be Copyright Enforcers

"In Cox v. Sony, the Court reversed a Fourth Circuit decision that had upheld a billion-dollar verdict against internet provider Cox Communications. Writing for the majority, Justice Thomas explained that contributory liability is limited to two situations: when a defendant actively induces infringement, or when it provides a product or service that it knows is tailored for infringement.

This framework closely tracks the approach EFF urged in our amicus brief. As we explained, courts should look to patent law for guidance in defining the boundaries of secondary copyright liability. Patent law recognizes liability where a defendant actively induces infringement, or distributes a product knowing that it lacks substantial non-infringing uses. The Court’s opinion adopts that same basic structure."

Thursday, March 26, 2026

Taking Copyright Out to the Ball Game: A Closer Look at Baseball’s Most Famous Tunes; Library of Congress Blogs: Copyright Creativity at Work, March 26, 2026

Nicole McNew Chen, Library of Congress Blogs: Copyright Creativity at Work; Taking Copyright Out to the Ball Game: A Closer Look at Baseball’s Most Famous Tunes

"In 1908, lyricist Jack Norworth and composer Albert Von Tilzer wrote what would become one of the most recognized and most sung musical works in the United States: “Take Me Out to the Ball Game.” In a relatively short period, it was performed for the first time, registered with the Copyright Office, and published in a series of sheet music depicting vaudeville stars on the covers. The song was an instant hit, though it wouldn’t become the baseball theme we know today until much later. With Opening Day and the start of the 2026 Major League Baseball (MLB) season, we’re looking at the history of the song and copyright’s connection to America’s favorite pastime."

We're All Copyright Owners. Welcome to the Mess That AI Has Created; CNET, March 23, 2026


Katelyn Chedraoui , CNET; We're All Copyright Owners. Welcome to the Mess That AI Has Created

Copyright is one of the most important legal issues in the age of AI. And yes, it affects you.

"You probably rarely, if ever, think about copyright law. But if you want to understand why there are so many lawsuits being filed against AI companies, knowing a bit about copyright law is key. And whether you know it or not, these issues affect you.

If you've ever written a blog post, taken a photo or created an original video, you're a copyright owner. That's most of us, which means that copyright law -- its protections, limitations and application -- is more relevant to you than you might've thought. Sadly, copyright in the age of generative AI is something of a mess."

Tuesday, March 24, 2026

Chicken Soup for the Soul Sues AI Firms for Copyright Infringement; Publishers Weekly, March 20, 2026

  Ed Nawotka , Publishers Weekly; Chicken Soup for the Soul Sues AI Firms for Copyright Infringement

"Chicken Soup for the Soul is suing tech companies OpenAI, Anthropic, Google, Meta, xAI, Perplexity, Apple, and Nvidia for copyright infringement. The suit, filed March 17 in the Northern District of California, alleges that hundreds of its copyrighted works were ingested without authorization or compensation to train large language models...

Much like the complaint filed in December by author John Carreyrou and others against many of the same defendants, this filing also aims to challenge the class-action model that has dominated AI copyright litigation.

Pointing to the pending Anthropic settlement in the Northern District of California, the suit notes that the framework would pay rights holders approximately $3,000 per work—"just 2% of the Copyright Act's statutory ceiling of $150,000 per willfully infringed work." The complaint states that such settlements "seem to serve Defendants, not creators."

Chicken Soup for the Soul is instead seeking individualized statutory damages determined by a jury. The law firms behind the suit say more than 1,000 authors representing more than 5,000 works have signed on to the same approach."

Monday, March 23, 2026

Federal jury rejects hymn copyright infringement claim against British composer; The Oregonian, March 20, 2026

 , The Oregonian; Federal jury rejects hymn copyright infringement claim against British composer

"A jury in Portland on Friday found that a British composer didn’t purloin musical passages of an American composer’s Christian hymn in a case that brought both musicians into a downtown federal courtroom to play the pieces. 

The composers took turns using an electric keyboard positioned in front of the jury box during a four-day trial before U.S. District Judge Karin J. Immergut.

The eight jurors got the case Thursday afternoon and spent less than a day deliberating before returning its verdict that Bernadette Farrell of London hadn’t copied notes from Vincent A. Ambrosetti’s “Emmanuel.”"

Saturday, March 21, 2026

The dictionaries are suing OpenAI for ‘massive’ copyright infringement, and say ChatGPT is starving publishers of revenue; Fortune, March 21, 2026

, Fortune; The dictionaries are suing OpenAI for ‘massive’ copyright infringement, and say ChatGPT is starving publishers of revenue

"In a filing submitted to the Southern District of New York, the companies accuse OpenAI of cannibalizing the traffic and ad revenue that publishers depend on to survive. “ChatGPT starves web publishers, like [the] Plaintiffs, of revenue,” the complaint reads. Where a traditional search engine sends users to a publisher’s website, Britannica and Merriam-Webster allege ChatGPT instead absorbs the content and delivers a polished answer. It also alleges the AI company fed its LLM with researched and fact-checked work of the companies’ hundreds of human writers and editors...

In an apt example, the complaint describes a prompt asking “How does Merriam-Webster define plagiarize?” to which the model reportedly responded with a definition identical to the one found in the Merriam-Webster dictionary. The complaint adds that the dictionary has been registered with the U.S. Copyright Office."

Friday, March 20, 2026

Music copyright case in Portland focuses on 12 bars from two Catholic hymns; The Oregonian, March 18, 2026

Music copyright case in Portland focuses on 12 bars from two Catholic hymns

"Two composers are dueling in court in a copyright infringement case this week in Portland over 12 bars of 26 notes in two Catholic hymns...

American composer Vincent A. Ambrosetti wrote the music and lyrics for “Emmanuel,” in 1980 and claims London-based composer Bernadette Farrell stole from his song to write her “Christ, Be Our Light,” in 1993."

Thursday, March 19, 2026

UK reverses course on AI copyright position after backlash; Engadget, March 18, 2026

Will Shanklin , Engadget; UK reverses course on AI copyright position after backlash

"halk up a win for creative artists against AI companies. On Wednesday, the UK government abandoned its previous position on copyrighted works. It’s currently working on a data bill that, if unaltered, would have allowed AI companies like Google and OpenAI to train models on copyrighted materials without consent. Artists and other copyright holders would only have been offered a mere opt-out clause.

After significant backlash, the UK backed off from that position. "We have listened," Technology Secretary Liz Kendall said on Wednesday. However, the government’s new stance is, well, not a stance at all. It currently "no longer has a preferred option" about how to handle the issue.

Still, backpedaling from its previous position is viewed as a win for artists. UK Music CEO Tom Kiehl described the decision as "a major victory," while promising to work with the government on the next steps."

Wednesday, March 18, 2026

Organizations Warn Fast-Track of Bill to Separate Copyright Office from Library of Congress Would Be a ‘Grave Mistake’; IP Watchdog, March 18, 2026

EILEEN MCDERMOTT, IP Watchdog; Organizations Warn Fast-Track of Bill to Separate Copyright Office from Library of Congress Would Be a ‘Grave Mistake'

"Spurred by reports that House leaders are trying to fast-track a bill to separate the U.S. Copyright Office from the Library of Congress, a coalition of consumer rights, industry, open internet and library groups has again sent a letter to the House Committee on Administration urging it to consider the bill on the regular timeline to avoid “unintended consequences.” A full committee markup of the bill is scheduled for tomorrow, March 18,

H.R. 6028, the Legislative Branch Agencies Clarification Actwould change the procedures for appointing and removing the Librarian of Congress, the Director of the Government Publishing Office (GPO), and the Register of Copyrights. Instead of being appointed by the President and confirmed by the Senate, the Librarian and Director of the GPO would be appointed by a “bipartisan congressional commission” and could only be removed from office by a majority vote of the majority and minority leaders of the House of Representatives and the Senate."

Tuesday, March 17, 2026

Now OpenAI is getting sued by the dictionary; Quartz, March 17, 2026

Quartz Staff, Quartz; Now OpenAI is getting sued by the dictionary

Encyclopedia Britannica and Merriam-Webster sued the ChatGPT maker, accusing it of copying almost 100,000 articles to train its AI models

"Encyclopedia Britannica and its subsidiary Merriam-Webster have filed suit against OpenAI, alleging that the ChatGPT maker copied their copyrighted content without authorization to train its large language models,

The lawsuit, filed in Manhattan federal court last week, alleges that OpenAI used close to 100,000 Britannica articles to train its models, and that ChatGPT responses frequently reproduce or closely paraphrase Britannica's reference content, including encyclopedia articles and dictionary entries. The complaint also alleges OpenAI uses a retrieval-augmented generation system to pull from Britannica's content in real time when generating responses."

Senators tell ByteDance to ‘immediately shut down’ Seedance AI video app; CNBC, March 17, 2026

Emily Wilkins, CNBC ;  Senators tell ByteDance to ‘immediately shut down’ Seedance AI video app

"Sens. Marsha Blackburn and Peter Welch are calling for a halt to the new version of ByteDance’s artificial intelligence app, Seedance, which generates videos of real people and licensed characters, raising copyright and intellectual property concerns. 

Seedance 2.0 “is the most glaring example of copyright infringement from a ByteDance product to date, and you must immediately shut down Seedance and implement meaningful safeguards to prevent further infringing outputs,” Blackburn, R-Tenn., and Welch, D-Vt., wrote in a letter to ByteDance CEO Liang Rubo that was first obtained by CNBC.

Their letter is a sign of growing concerns on Capitol Hill about how AI companies are developing and using their models and whether proper protections are in place for those who generate the materials the models train from."

Monday, March 16, 2026

The dictionary sues OpenAI; TechCrunch, March 16, 2026

Amanda Silberling, TechCrunch; The dictionary sues OpenAI

"Encyclopedia Britannica and Merriam-Webster have filed a lawsuit against OpenAI, alleging in its complaint that the AI giant has committed “massive copyright infringement.”

Britannica, which owns Merriam-Webster, retains the copyright to nearly 100,000 online articles, which have been scraped and used to train OpenAI’s LLMs without permission, the publisher alleges in the lawsuit.

Britannica also accuses OpenAI of violating copyright laws when it generates outputs that contain “full or partial verbatim reproductions” of its content and when the AI lab uses its articles in ChatGPT’s RAG (retrieval augmented generation) workflow. OpenAI’s RAG tool is how the LLM scans the web or other databases for newly updated information when responding to a query. Britannica also alleges that OpenAI violates the Lanham Act, a trademark statute, when it generates made-up hallucinations and attributes them falsely to the publisher."

This Bill Would Force AI Companies to Disclose Copyrighted Works; PetaPixel, March 16, 2026

 Pesala Bandara, PetaPixel; This Bill Would Force AI Companies to Disclose Copyrighted Works

"U.S. Senators Adam Schiff, a Democrat from California, and John Curtis, a Republican from Utah, have introduced the Copyright Labeling and Ethical AI Reporting Act, known as the CLEAR Act. The proposed legislation would require companies developing AI models to report when copyrighted material is used to train those systems.

If passed, the legislation could increase transparency around the material used to train generative AI systems, including copyrighted photographs."