All blogs by Keith Kupferschmid

Over the past few years, we have seen the number of AI training copyright infringement/fair use court cases steadily climb and waited with great anticipation for the day when decisions in these cases started to be handed down. In February, we got our first decision on AI training and fair use when the district court […]

That heat wave we recently experienced in DC was brutal—it seems like it’s all everyone was talking about (besides the so-called One Big, Beautiful Bill). But the weather was not the only thing that was scorchingly hot. Over the past week or so, cases and other issues related to the impact of AI on copyright […]

Since Judge Chhabria of the Northern District of California issued his decision in the Kadrey v. Meta case on Wednesday, June 25, there have been a lot of articles about how Meta “won the case.” These articles don’t do justice to the true impact of the actual decision in the case—most of them just scratch […]

As usual, Congress considered a host of copyright issues in 2024. Most of these issues fall into one of three buckets: (1) Artificial Intelligence (AI); (2) Piracy; or (3) U.S. Copyright Office (USCO) Modernization. Several important copyright issues fall outside these areas that Congress addressed. Below we summarize these Congressional activities and look into our […]

There are now well over thirty lawsuits that have been filed by copyright owners in U.S. federal court against AI companies, accusing them of direct copyright infringement for using copyrighted works without authorization to develop their AI models.[1] Many of the cases also include claims for unauthorized removal or alteration of copyright management information (also […]

During the year, several bills have been introduced in Congress that, if passed, would require generative AI companies to be transparent and disclose to the public the makeup and source of materials used to train their models. Some of these bills would impact copyright and at least one is specifically focused on transparency for copyright […]

Transparency is an essential element of an AI ecosystem that is developed and used in a responsible, respectful, and ethical manner. Generative Artificial Intelligence (AI) has raised so many issues for the copyright community. We have blogged about the numerous AI-related copyright infringement cases and the issues that arise in those cases. We have also […]

Where and how should we draw the line between protectable and non-protectable AI-generated works? There is little doubt that most of the focus relating to the impact of artificial intelligence (AI) on copyright is on whether use of copyrighted works by AI companies for ingestion/training purposes qualifies as a fair use. But coming in a […]