Major Copyright Cases and Their Current Status
New York Times v. Microsoft/OpenAI
The New York Times filed a lawsuit against Microsoft and OpenAI for copyright infringement, claiming unauthorized scanning and indexing of their paywalled articles [7]. As of early 2025, a federal judge has allowed the case to proceed [6]. Reuters reports that “All of our copyright claims will continue against Microsoft and OpenAI for their widespread theft of millions of The Times’s works” [3]. This case represents one of the most closely watched legal battles over AI training using copyrighted content [9].
Kadrey v. Meta
Filed on July 7, 2023, this case involves authors Richard Kadrey, Ta-Nehisi Coates, and others alleging Meta used their copyrighted works without consent to train LLaMA [12]. Meta has claimed “fair use” as a defense [13]. Court documents reveal that Meta released LLaMA 3 in April 2024 and was developing LLaMA 4 for early 2025 [14]. While some claims were dismissed, others are proceeding through litigation [17].
Andersen v. Stability AI
This class action lawsuit (3:23-cv-00201, N.D. California) was filed by artists against art software companies for scanning internet-hosted artwork [22]. In October 2023, Judge William Orrick largely granted motions to dismiss brought by defendants Stability AI, Midjourney, and DeviantArt [23]. However, some claims survived the motion to dismiss, and the case remains active with court updates as recent as April 2025 [22].
Scarlett Johansson/OpenAI Dispute
The dispute centered around OpenAI’s voice assistant named “Sky,” which allegedly sounded similar to Johansson’s voice after she declined to be ChatGPT’s voice [2]. The case raised “right of publicity” issues, similar to the precedent-setting Midler v. Ford case where Bette Midler successfully sued Ford Motor Company for using a sound-alike voice [2]. OpenAI ultimately pulled down the “Sky” voice assistant following public scrutiny.
Regulatory Developments
Copyright Office Stance
The U.S. Copyright Office has taken definitive positions on AI-generated content:
- Purely AI-generated material is not copyrightable [37]
- Human authorship is required for copyright protection [38]
- Applicants must disclose and disclaim AI-generated portions of works [32]
- AI-generated music cannot be copyrighted [57]
Legislative Progress
Congress has introduced the “Generative AI Copyright Disclosure Act of 2024” (H.R.7913) [42], while state-level legislation continues to develop [46]. The U.S. Copyright Office has released comprehensive reports addressing legal issues related to AI and copyright [33].
Conclusion
The legal landscape surrounding AI and copyright is rapidly evolving, with several key trends emerging:
- Courts are actively defining the boundaries of fair use in AI training, as evidenced by the ongoing Kadrey and Times cases.
- The U.S. Copyright Office maintains that human authorship is essential for copyright protection, creating clear limitations for AI-generated content.
- Rights of publicity and personality rights are becoming increasingly relevant as AI technology can now mimic human characteristics.
- There is a growing trend toward mandatory disclosure and disclaiming of AI-generated content, both through Copyright Office requirements and proposed legislation.
These cases will likely establish crucial precedents for how AI developers can use copyrighted materials and how AI-generated content will be protected. The outcome of these legal battles could fundamentally reshape the relationship between artificial intelligence and intellectual property rights, potentially leading to new licensing models and regulatory frameworks.
1.The Newspaper Cases | BakerHostetler
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9.AI Infringement Case Updates: February 24, 2025
10.OpenAI and ChatGPT Lawsuit List
11.AI Lawsuit Developments in 2024: A Year in Review
12.Kadrey v. Meta Platforms, Inc., 3:23-cv-03417
13.Meta says copying books was ‘fair use’ in authors’ AI lawsuit
14.Case 3:23-cv-03417-VC Document 407 Filed 01/21/25 …
15.Cooley Secures Early Victory for Meta Platforms in AI Class …
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20.Case 3:23-cv-03417-VC Document 377 Filed 01/08/25 Page 1 …
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22.Andersen v. Stability AI Ltd., 3:23-cv-00201
23.Andersen v. Stability AI Ltd., 23-cv-00201-WHO
24.Andersen et al v. Stability AI Ltd. et al, No. 3:2023cv00201
25.An End-of-Year Update to the Current State of AI Related …
26.Andersen et al v. Stability AI Ltd. et al
27.Parties for Andersen v. Stability AI Ltd., 3:23-cv-00201
28.Andersen v. Stability AI – Words by Wes
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38.Copyright Office Publishes Report on Copyrightability of AI- …
39.Copyright Offices Rules AI-Works from Text Not Protected
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42.H.R.7913 – 118th Congress (2023-2024): Generative AI …
43.HR7913 – Generative AI Copyright Disclosure Act of 2024 …
44.Copyright and Artificial Intelligence
45.Copyright Office Releases Part 2 of Artificial Intelligence …
46.US state-by-state AI legislation snapshot
47.AI Developments at the U.S. Copyright Office in 2024
48.AI Watch: Global regulatory tracker – United States
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