AI and copyright Archives - Page 2 of 4 - Barry Sookman

Meta Copyright AI Success in Recent Legal Battles

Sookman AI blog

In two decisions issued within a week, Meta won two summary judgment motions in defending the copyright and DMCA claims against it related to training its Llama models. The first decision, released June 25, 2025, in Kadrey v Meta Platforms, Inc, denied the plaintiffs’ motion for partial summary judgment and granting Meta’s motion for partial summary judgment. The reasons for decision, which followed on the heals of a summary judgment win for Anthropic in another AI copyright infringement case, summarized the court’s holding as follows:

In this case, because Meta’s use of the works of these thirteen authors is highly transformative, the plaintiffs needed to win decisively on the fourth factor to win on fair use.

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Sookman it year in review talk presentation

Technology Law: A Comprehensive Annual Review 2024-2025

Computer and IT Law: The Year in Review 2024–2025 – Toronto Computer Lawyers Group Presentation

On June 19, 2025, I had the pleasure of presenting my annual “Computer and IT Law: The Year in Review” to the Toronto Computer Lawyers Group. This year’s talk covered legal developments across a wide range of topics including artificial intelligence, copyright, social media, privacy, cybersecurity, blockchain, online contracting and eCommerce.

As in past years, I prepared a comprehensive written paper to accompany the presentation.…

AI copyright litigation

AI Copyright Litigation: Recent Legal Developments

It was a busy week in AI copyright litigation in the United States with three new decisions released in litigation involving Anthropic, OpenAI, and Microsoft. One involved a failed attempt by music publishers to obtain an injunction against Anthropic from using lyrics to train its AI system, Claude. Two of the cases highlight pleading requirements in which certain claims of infringement were dismissed against OpenAI, Microsoft, and Anthropic.

Concord Music v Anthropic

The Concord Music v Anthropic action arises out of the Anthropic’s alleged use of Plaintiffs’ copyrighted song lyrics to train a generative artificial intelligence (“AI”) model. …

AI Copyright: Understanding Recent Reports and Implications

The intersection of artificial intelligence (AI) and copyright is rapidly becoming one of the most debated legal and policy areas globally. Governments and institutions are grappling with complex questions: Should copyright subsist in AI-generated content? How should AI training on copyrighted works be regulated? What are the economic implications of AI for copyright industries?

Recently, three reports have been published addressing these critical issues:

Canada’s “What We Heard” Report on Copyright in the Age of Generative AI – A consultation summary detailing perspectives from Canadian stakeholders on copyright challenges posed by AI.

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AI and copyright

AI and copyright

AI Training Copyright Infringement and Fair Use: Thomson Reuters v Ross

In an important copyright decision released earlier this week, Circuit Judge Bibas (sitting by designation) in a United States District Court granted Thomson Reuters summary judgement victories by finding that its Westlaw headnotes and key number system were protected by copyright and that the uses of the headnotes to train a competitive legal research tool was not a fair use. The decision in Thomson Reuters Enterprise Centre GmbH v Ross Intelligence Inc, No. 1:20-cv-613-SB (D. Del. Feb. 11, 2025) examined three essential questions, 1) were the Westlaw headnotes and key number system taxonomy protected by copyright, 2) did Ross’s copying of the headnotes to create “legal memos” used to train Ross’s AI system infringe copyright, subject to the defense of fair use, and 3) was Ross’ copying fair use.…

Copyright AI Barry sookman

Copyright AI: Understanding Substantive Legal Developments

I had the pleasure of speaking yesterday at the Law Society of Ontario’s 29th Intellectual Property Law Program: The year in Review. I was speaking on a panel “Artificial Intelligence: Substantive Legal Developments in Copyright Claims” along with Sana Halwani.

Program can be found @ https://lnkd.in/g4nBXHQr.

My slides can be accessed below.…

AI Regulation Australia

AI Regulation in Australia: Opportunities and Challenges

Australia’s Senate Select Committee on Adopting Artificial Intelligence (AI) just released a report addressing that country’s opportunities, challenges, and regulatory frameworks with respect to AI technologies. Like, Canada and many other countries globally, Australia is seeking to promote the use and adoption of AI while mitigating potential high risks associated with AI systems including risks of bias, discrimination, and safety (especially with generative AI technologies and frontier models). The report canvasses many of the same policy issues Canada is struggling with including whether to adopt a “whole of economy” AI regulatory framework like AIDA and policy choices regarding uses of copyright materials for AI training including transparency obligations, and mechanisms to facilitate AI training such as a text and data exception, opt-in and opt-out consents, and remuneration for copyright owners.…

Raw Story vf OpenAI

Copyright Management Information: Insights from Raw Story v OpenAI

OpenAI scored a major success in a recent case in which Raw Story Media, Inc. and AlterNet Media, Inc lost a motion to dismiss their case alleging that OpenAI’s removal of copyright management information (CMI) from thousands of articles prior to using them to train its ChatGPT product violated Section 1202(b)(i) of the DMCA. In dismissing the case, the court relied on the U.S. requirement to establish Article III Standing (that the injury must be “concrete and particularized” and “actual or imminent”).…

Stability AI, Midjourney, DeviantArt, and Runway AI Copyright Infringment

AI and copyright

AI models and copyright infringement, Andersen v. Stability AI

Introduction and Background

There is great interest in the question as to whether training and using AI models including generative AI models infringes copyright. Slowly, courts are winnowing out the plausible claims as the 26 or so cases wind through the courts in the United States. In an important decision, Judge William Orrick of the United States District Court for the Northern District of California partially granted and partially denied motions to dismiss in the case of Andersen et al.…

AI regulation

Navigating the Future of AI Law: Understanding the EU AI Act and AIDA

On Thursday, June 20, 2024, McCarthy Tétrault LLP hosted a webinar titled “Navigating the Future of AI Law: Understanding the EU AI Act and AIDA.” The event was attended virtually by over 900 participants, including many of our clients. The discussion was centered around the implications of emerging AI laws and regulations focusing especially on the EU AI.

Speakers and Their Presentations

Below is a summary of the speakers and their presentations.

John Buyers & Charles Morgan: EU AI Act: Implications for Canadian Businesses John Buyers, Partner at Osborne Clarke, and Charles Morgan, Partner at McCarthy Tétrault LLP, delved into the EU AI Act, highlighting its comprehensive regulation of AI across the EU.…

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