Article · Intellectual Property and Technology

Generative AI on Trial: Copyright Infringement Claims After the New York Times and Getty Suits

Type
Article
Jurisdiction
National
Date
2025-03-09
Topic
Intellectual Property and Technology

Generative AI has produced the most important copyright litigation in a generation, and the first merits rulings are now in. This UpLaw research article maps the whole field: the New York Times MDL, the Getty judgment in London, the twin June 2025 training-fair-use rulings in Bartz v. Anthropic and Kadrey v. Meta, the record $1.5 billion Anthropic settlement, the Thomson Reuters v. ROSS loss for a non-generative developer, and Germany's GEMA v. OpenAI decision holding that a model's memorization of lyrics is itself a reproduction. It separates the input question (does training infringe?) from the output question (did a generation copy a specific work?), walks the four fair-use factors as courts actually apply them after Warhol v. Goldsmith, and details the derivative-works, secondary-liability, and DMCA Section 1202 theories in play. It compares the U.S. transformative-use regime with the EU text-and-data-mining opt-out and the unsettled UK position, and closes with practical playbooks for content owners, AI developers, and their counsel. Written as a research resource, not legal advice, in a field that changes month to month.

Generative AI on Trial: Copyright Infringement Claims After the New York Times and Getty Suits

Intellectual Property and Technology > AI and Copyright | Published 9 March 2025 - Updated 24 April 2025 | UpLaw - uplaw.us

The first merits rulings on whether copyright law permits training generative models are in, and they do not resolve into a single rule. Training on lawfully bought books has twice been called transformative fair use; a non-generative research tool that competed with its source lost outright; building a training corpus out of pirated books produced the largest copyright settlement in American history; and a German court held that a model that can be prompted to recite song lyrics has reproduced them inside its own parameters. Three variables now govern almost every dispute: how the developer acquired the data, what kind of product the model powers, and whether the model regurgitates what it read. This article maps that fractured picture and tells content owners and developers what to do about it. It is not legal advice, and the docket moves monthly.

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