Golriz Chrostowski, Bloomberg Law; Judges in Gen AI Cases Favor Summary Judgment on Copyright
"Bloomberg Law dockets research found 19 copyright lawsuits against generative AI defendants that are currently pending in federal district courts. These 19 cases are filed in four jurisdictions: the Northern District of California, the District of Delaware, the Southern District of New York, and the Middle District of Tennessee. The 11 judges overseeing these cases have varying degrees of experience deciding summary judgment motions involving copyright law, according to Bloomberg Law’s Litigation Analytics tool...
Despite their varying amounts of experience, it appears that the majority of the generative AI judges are willing to grant in whole or in part motions for summary judgment involving copyright law. However, only Judges Sidney H. Stein, Jon S. Tigar, Waverly D. Crenshaw, Jr., Rakoff, and McMahon have decided motions for summary judgment involving the affirmative defense of fair use. Only three found in favor of fair use, forecasting an uphill battle for generative AI defendants.
Armed with this kind of knowledge about a judge’s experience with copyright law, practitioners can determine how much information they may need to provide the judge presiding over their case."
