Blogs
February 3, 2026

Top Noteworthy Copyright Stories from January 2026

by Rachel Kim

To kick off 2026, there were some big developments arising from two copyright cases in addition to two new AI copyright lawsuits being filed—bringing the number of total AI and copyright cases filed to around 75. Here is a quick snapshot of the top copyright news stories from January 2026.

YouTubers File Class Action AI Lawsuit Against Snap

On January 23, a group of YouTubers filed a class action lawsuit against Snap, Inc. over the scraping and unlicensed use of their YouTube videos to develop Snap’s generative AI model, Imagine Lens. The complaint includes allegations similar to the plaintiffs’ lawsuits against ByteDance and Meta and also includes one count of a violation of Section 1201(a) of the Digital Millennium Copyright Act (DMCA).

Music Publishers File New AI Lawsuit Against Anthropic

On January 28, a group of music publishers, including Concord Music Group and others, launched a second lawsuit against Anthropic over the piracy of plaintiffs’ musical compositions by downloading from well-known pirate library websites, such as Library Genesis and Pirate Library Mirror, and “seeding” or uploading, and further proliferating, pirated copies through torrenting. The plaintiffs note that the claims made in this lawsuit are distinct from the claims made in their first lawsuit launched against Anthropic, noting that the second action was brought to address Anthropic’s continued infringement of copyrighted works in AI training and output arising from various versions of the Claude AI model released since Concord I. The complaint includes claims of direct copyright infringement, secondary copyright infringement, and removal or alteration of Copyright Management Information (CMI).

Other Significant AI Developments

Publishers Move to Intervene in Class Action AI Lawsuit Against Google

On January 15, Cengage Group and Hachette Book Group filed a motion to intervene as class representatives for publishers in the case In re Google Generative AI Copyright Litigation, a consolidated class action lawsuit initially filed by groups of illustrators and writers against Google alleging that the company copied millions of books to train its commercial AI model, Gemini. The publishers’ motion includes ten representative works that Google copied and used to develop the Gemini model. More information about the publishers’ intervention is available in this press statement.

USCO Files Cross-Motion for Summary Judgment and Response Brief in AI Copyrightability Case

On January 16, the U.S. Copyright Office (USCO) filed a brief in support of its cross-motion for summary judgment and in response to visual artist Jason Allen’s motion for summary judgment in the lawsuit brought by Allen over the Copyright Office’s refusal to register the visual artwork titled, Theatre D’Opera Spatial, which contains AI-generated elements. The Copyright Office explains that its registration refusal was based on its evaluation that Allen’s image was largely generated by the AI model Midjourney and because Allen’s multiple prompting of the AI model did not constitute human authored expression protectable by copyright. The Office further explained that its refusal to register Allen’s claim was also due to the fact that he declined to make disclaimers about the AI-generated elements of the image, and that his requested relief is outside the scope of the Administrative Procedure Act.

Plaintiffs in Ongoing AI Lawsuit Allege NVIDIA Green-Lit Use of Pirated Books Sourced from Anna’s Archive

On January 16, plaintiffs in the consolidated class action AI copyright infringement lawsuit, which was filed in March 2024 against AI company NVIDIA, included detailed allegations in an amended complaint that NVIDIA sourced millions of pirated books, including several million from Anna’s Archive and Internet Archive to train NVIDIA’s Nemotron AI models.

Solicitor General Urges SCOTUS to Reject Thaler’s Cert Petition in AI Copyrightability Case

On January 23, the Solicitor General of the United States filed a brief recommending that the U.S. Supreme Court deny Dr. Stephen Thaler’s cert petition appealing his lawsuit against the U.S. Copyright Office over the Office’s rejection of a registration application for a work Thaler claimed was authored wholly by AI. The brief opines that the appellate court correctly held that the Copyright Act’s authorship requirement covers only human authors and that copyright ownership is distinct from ownership of an AI system that may generate output.

USCO Releases Updated Registrations and Recordations Bulk Dataset

On January 22, the U.S. Copyright Office announced the release of an updated version of its copyright registration and recordations bulk dataset, which is the first update to the initially released bulk data in 2022. U.S. Copyright Office Chief Economist Brent Lutes stated, “This dataset has proven to be an invaluable resource, both internally and externally, and it has served as the basis for many informative analyses. We anticipate that the newly updated version will continue to accelerate the pace of economic research on copyright and the creative industries.”

House Ways & Means Subcommittee Holds Hearing on Digital Trade Issues

On January 13, the House Ways & Means Subcommittee on Trade held a hearing titled Maintaining American Innovation and Technology Leadership. Witnesses included Andrei Iancu, Co-Chair, Council for Innovation Promotion; Anissa Brennan, Senior Vice President of Global Policy and Federal Affairs, Motion Picture Association (MPA); Nigel Cory, Director, Crowell Global Advisors; and Dan Mauer, Government Affairs Director, Communications Workers of America. There was broad bipartisan agreement that U.S. leadership in intellectual property, digital trade, and creative industries is central to economic growth and national security, but sharp disagreement over the effects of current trade policy. Chairman Adrian Smith (R-NE) argued that strong, neutral IP protections and open digital trade are essential and criticized the prior administration’s support for the TRIPS waiver and a pullback from digital trade commitments. Ranking Member Linda Sánchez (D-CA) emphasized bipartisan support for IP protection but criticized President Trump’s tariffs and called for digital trade policies that better account for workforce impacts, AI, and free expression, particularly in creative sectors.

TRAIN Act Introduced in the House

On January 22, Representative Madeleine Dean (D-PA) introduced H.R.7209, the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act, which is the House companion bill to the Senate version, S.2455. The bill would create an administrative subpoena process to assist copyright owners in determining whether and which of their copyrighted works have been used for training AI models. Representative Nathaniel Moran (R-TX) is a cosponsor of the bill.

Ninth Circuit Affirms Lower Court Ruling for Kat Von D in Tattoo Case But Questions Effectiveness of Copyright Infringement Test

On January 2, the Ninth Circuit affirmed the district court’s judgment and issued an opinion on substantial similarity and a shorter, unpublished opinion on fair use in a case brought by photographer Jeff Sedlik against tattoo artist Kat Von D over the unauthorized use of Sedlik’s photograph of Miles Davis in the preparation, promotion, and creation of a Miles Davis tattoo. In the lower district court, a jury found in favor of Von D, holding that the tattoo and some of the social media posts were not substantially similar to Sedlik’s photograph. The published opinion is noteworthy because the three judges, in two concurring opinions, explained that they would have found Von D’s tattoo as infringing but for a fundamentally flawed intrinsic test for substantial similarity. Addressing the Ninth Circuit-created “total concept and feel” standard, the judges stated the test has drifted from its origins and the principles established by the Copyright Clause, the Copyright Act, and the Supreme Court’s copyright case law. The opinions explain that “a test that produces such a result cannot be right,” with the judges suggesting “dispensing with it altogether.” The case can still be appealed for an en banc review by the Ninth Circuit, where it may be possible for Sedlik to prevail if the intrinsic test is abolished or altered.

Fifth Circuit Affirms Domestic Copyright Termination Can Affect Worldwide Exploitation Rights

On January 12, the Court of Appeals for the Fifth Circuit affirmed a district court opinion in Vetter v. Resnick, where the lower court held that termination rights under the U.S. Copyright Act also re-capture foreign exploitation rights where the original grant of rights was for “worldwide” rights. Cyril Vetter and Donald Smith co-authored a song called “Double Shot (of My Baby’s Love)” in 1962 and assigned their copyright interests to Windsong Music Publishers (Windsong), granting Windsong exclusive “worldwide” rights to the song for the full term of copyright protection. Smith died before exercising his right to renew his copyright, meaning that his copyright interests passed to his heirs clear of prior assignments, including the assignment of foreign rights to Windsong. Plaintiff in the case, Smith’s heir’s successor-in-interest, sent a notice of termination to Windsong’s successor and brought a lawsuit, requesting a declaratory judgment that post termination, plaintiff owned both the U.S. and worldwide rights to the song. The district court had determined that the plaintiff’s renewal right from Smith covered both U.S. and worldwide rights and then concluded it was plausible that because the “worldwide rights were covered by the terminated grant, [the] worldwide rights revert[ed to plaintiff] upon termination.”

Record Labels and Spotify Sue Anna’s Archive Over Pirated Songs Scraped from Spotify; Preliminary Injunction Granted Against the Site

On December 26, 2025, Spotify and a group of record labels filed a complaint against the operators of pirate website Anna’s Archive over the scraping of metadata for approximately 256 million audio tracks and 86 million music files from Spotify and the threats of Anna’s Archive operators mass-releasing and freely distributing pirated copies of sound recording files to the public. The complaint includes direct copyright infringement, breach of contract, violation of the Computer Fraud and Abuse Act, and circumvention of technological protection measures. On January 20, the district court for the Southern District of New York granted a preliminary injunction for the plaintiffs, enjoining and restraining the operators of Anna’s Archive from several activities, including hosting, linking to, distributing, reproducing, or otherwise making any use of plaintiffs’ works and taking any action that enables, solicits, encourages, assists, facilitates, or induces others to download, stream, distribute, or otherwise use plaintiffs’ works. Additionally, the injunction orders all domain name registries and registrars of record for Anna’s Archive Domain Names, as well as all hosting and internet service providers, to disable access to the website’s domain name and cease hosting services. According to reports, the torrent page for Spotify downloads was made unavailable on Anna’s Archive.

Fourth Circuit Directs District Court to Dismiss Sovereign Immunity Case

On January 23, the Fourth Circuit issued a decision in Allen v. Stein (formerly Allen v. Cooper) that may end the decade-long sovereign immunity case. The court reversed and vacated a district court ruling that had allowed Allen to pursue a new copyright claim theory based on the Supreme Court’s 2006 U.S. v. Georgia decision, finding that an erroneous legal standard was applied. The decision remands the case to the district court with directions to dismiss Allen’s complaint with prejudice.

South Korean Creative Community Decries Their Government’s AI Action Plan

On January 20, South Korean creator and copyright groups reportedly issued a joint statement decrying the South Korean government’s “Korea AI Action Plan” released by the Presidential Council on National Artificial Intelligence Strategy, arguing that the government’s “use first, pay later” policy direction would undermine the country’s creative economy and cultural industries. The statement addresses Action Plan No. 32, where the South Korean government states its preference for changes in its laws that would clarify that copyrighted works can be used for AI training “without legal uncertainty” and would reportedly include remuneration, transparency, and opt-out features to address copyright. More specifically, under Action Plan No. 32, the South Korean government directs the Ministry of Culture, Sports and Tourism, in cooperation with the Ministry of Science and ICT and the Ministry of SMEs and Startups, to prepare an amendment to the country’s Copyright Act by second quarter of 2026 to set up a mechanism that would permit use of copyrighted works for AI training while including remuneration and opt-out features to cater to copyright owners. Alongside and in coordination with such proposed legal changes to the Copyright Act, the Ministry of Science and ICT are directed to propose legal changes to the country’s AI laws by the second quarter of 2026, clarifying that copyrighted works can be for AI training purposes. The ministries are also directed to develop reports and plans addressing how to best facilitate the use of copyrighted works for AI training.

European Parliament Advances Gen AI Copyright and Remuneration Framework

On January 28, members of the European Parliament’s (MEP) Legal Affairs Committee adopted proposals to strengthen copyright protections and remuneration standards for generative AI in the European Union (EU), approving the measures by a 17–3 vote with two abstentions. The proposals call for the application of EU copyright law to all generative AI systems available on the EU market, regardless of where training occurs. They also require greater transparency from AI providers, including disclosure of copyrighted works used for training and detailed records of data-crawling activities. In addition, MEPs support mandatory fair remuneration for rightsholders whose works are used to train gen AI systems and urge the European Commission to assess whether such compensation should apply retroactively, while explicitly rejecting a flat-rate global licensing model. Additional measures include stronger protections for the news media sector, granting publishers control over the use of their content for AI training, the ability to refuse such use, and guaranteed remuneration. The proposals further call on the Commission to support voluntary collective licensing arrangements by sector and to explore tools that would enable rightsholders to prevent the use of their works by general-purpose AI systems. The initiative will proceed to a plenary vote of the European Parliament in March.

USCO Webinar on Copyright Essentials for Filmmakers

On February 4 at 1 p.m. ET, the U.S. Copyright Office (USCO) will host a webinar titled Lights, Camera, Action: Copyright Essentials for Filmmakers. The event speakers are Miriam Lord, Associate Register of Copyrights and Director of Public Information and Education; and Laura Kaiser, Attorney-Advisor, Office of Public Information and Education, who will cover what filmmakers, including producers, directors, and screenwriters, should know about copyright and answer commonly asked questions, review educational resources and registration options, and share how the Office’s Public Information Office can assist along the way. More information is available on the registration page.

CCC Event on Collective Management

On February 10 at 11 a.m. ET, Copyright Clearance Center (CCC) will host a LinkedIn Live online event titled Collective Management: Bridging Copyright History and Al’s Future. The event will focus on how copyright can keep up while gen AI reshapes how we create and consume content. Event speakers areProfessor Daniel Gervais, Erin Finlay, and CCC VP and GC Catherine Zaller Rowland, who will discuss how collective licensing can reduce legal uncertainty, ensure fair compensation, and build a balanced marketplace where creators, users, and AI developers can all thrive. More information is available on the registration page.

VLANY Webinar on Legal Considerations for Creators

On February 19 at 5 p.m. ET, Volunteer Lawyers for the Arts New York (VLANY) will host a webinar on the legal considerations that creators must know in order to market, sell, and distribute their works online. From personal websites to social media to digital marketplaces, this course will provide creators with an overview of important legal considerations for managing their online sales and businesses. Topics include website terms of service, privacy policies, online marketplace terms, copyright considerations, and social media use. The instructors are Priscilla Fasoro, Partner, Covington & Burling LLP; and Juliana Moraes Liu, Associate, Covington & Burling LLP. More information is available on the registration page.

Webinar on Copyright Basics for Academia

On February 25 at 1 p.m. ET, the Copyright Clearance Center (CCC) will host a webinar titled Copyright Basics for Academia, a session that is beneficial as both an initial exposure to copyright as well as a refresher for those who work in academia and have copyright questions, including librarians, faculty and staff, administrators, bookstore personnel, IT professionals, course developers, students, and others. The session will cover U.S. Copyright Basics, Copyright in the Classroom, Limitations and Exceptions, Copyright and AI Intersections, and will conclude with a Q&A.

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