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

59 questions on generative AI on trial, answered and cited by the UpLaw editorial team.

• Am I liable if I publish AI-generated content that turns out to infringe someone's copyright?
• Can a copyright plaintiff manufacture infringement by prompting a model to produce it?
• Can an AI system be named as the author of a copyrighted work?
• Can I copyright something I made with AI?
• Can plaintiffs argue that an AI model is an unauthorized derivative work?
• Can scraping past a paywall trigger a DMCA anti-circumvention claim?
• Can the output of a generative AI system infringe copyright?
• Did Getty Images win anything against Stability AI in the UK?
• Do a trained AI model's weights contain copies of the training data?
• Does complying with EU opt-out requirements protect a developer whose model memorizes works?
• Does copying an entire work defeat fair use under the third factor?
• Does copyright protect an artist's style against AI imitation?
• Does strong evidence of access lower the amount of similarity a copyright plaintiff must show?
• Does the commercial nature of an AI product defeat fair use?
• Does the second fair use factor matter in AI training cases?
• Does the Thomson Reuters v. ROSS ruling apply to generative AI?
• Does the U.S. fair use defense protect an AI developer outside the United States?
• Do I have to register my copyright before suing an AI company?
• Do output filters and guardrails help or hurt an AI developer's legal position?
• How did Warhol v. Goldsmith change the transformative use analysis?
• How does the EU text and data mining exception work for AI training?
• How large was the Anthropic copyright settlement, and does it create binding precedent?
• How much are statutory damages for a DMCA Section 1202 violation?
• If training was held to be fair use in Bartz, why did Anthropic still face enormous liability?
• Is copyright infringement a strict liability tort?
• Is it illegal to train an AI model on copyrighted works?
• Is there a legally cognizable market for AI training licenses?
• Is trivial copying excused as de minimis in a copyright case?
• Should a publisher license its archive to AI developers or hold out and sue?
• What are Disney and Universal suing Midjourney over?
• What are the four fair use factors under 17 U.S.C. § 107?
• What are the three infringement theories in the New York Times complaint against OpenAI?
• What are the three ways a generative AI output can infringe?
• What compensation models have been proposed for creators whose works train AI systems?
• What did Kadrey v. Meta decide, and why is it described as a win that reads like a warning?
• What did the court hold in Bartz v. Anthropic about training on copyrighted books?
• What did the German GEMA v. OpenAI decision hold about memorized song lyrics?
• What does the EU AI Act require of general-purpose AI model providers on copyright?
• What happened in Getty Images' UK lawsuit against Stability AI?
• What is a DMCA Section 1202 copyright management information claim?
• What is fragmented literal similarity, and why does it matter for AI outputs?
• What is substantial similarity, and how do courts test it?
• What is the attribution problem in compensating creators for AI training?
• What is the difference between the input problem and the output problem in AI copyright cases?
• What is the holdout problem in AI content licensing?
• What is the market dilution theory of copyright harm?
• What is The New York Times' lawsuit against OpenAI and Microsoft about?
• What is the three-way international split on AI and copyright?
• What is the United Kingdom's position on AI training and copyright?
• What must a copyright plaintiff prove to establish direct infringement against an AI company?
• What novel discovery issues arise in AI copyright litigation?
• What should an AI developer do to reduce copyright risk?
• What should content owners do about AI training on their works?
• What three markets are at stake under the fourth fair use factor in AI cases?
• When can an AI company be held secondarily liable for infringement committed by its users?
• Where is AI copyright law heading?
• Why did Thomson Reuters v. ROSS come out against the AI developer?
• Why do AI developers argue that training is transformative under the first fair use factor?
• Why do the London and Munich AI rulings conflict, and what does it mean for global compliance?