In Westlaw Today, Attorneys Analyze AI-Related Copyright Litigation Landscape

In a Westlaw Today article, intellectual property attorneys provide an overview of recent copyright lawsuits filed against artificial intelligence providers.

The article examines the most prominent ongoing AI copyright cases and their theories, and recent discussions about a potential compulsory copyright licensing scheme, and provides considerations regarding the allocation of copyright infringement risk for companies that may be entering into agreements related to the use of AI platforms.

With at least a dozen copyright cases pending, we are in a period of litigation that will likely determine the legal relationship between content creators and AI platforms. Until the legal dust settles, there will be uncertainty and risk of copyright liability that anyone contracting with respect to the use of AI platforms should be aware of. The authors note that it remains to be seen what the U.S. Copyright Office will recommend to Congress and how it will affect the progression or resolution of these cases, as well as who will bear the potential burdens of infringement liability.

The article was authored by intellectual property transactions partner David McIntosh, intellectual property transactions counsel Georgina Jones Suzuki and intellectual property transactions associate Yam Schaal.