Incorrect. No court has ruled in favor of any plaintiff bringing a copyright infringement claim against an AI LLM. Here’s a breakdown of the current court cases and their rulings:
In both cases, the courts have ruled that training an LLM with copyrighted works is highly transformative and thus, fair use.
The plaintiffs in one case couldn’t even come up with a single iota of evidence of copyright infringement (from the output of the LLM). This—IMHO—is the single most important takeaway from the case: Because the only thing that really mattered was the point where the LLMs generate output. That is, the point of distribution.
Until an LLM is actually outputting something, copyright doesn’t even come into play. Therefore, the act of training an LLM is just like I said: A “Not Applicable” situation.
Most of the big cases are in the early stages. Let’s see what the Disney one does.
There is also the question, not just of copyright or fair use, but legally obtaining the data. Facebook torrented terabytes of data and claimed they did not share it. I don’t know that that’s enough to claim innocence. It hasn’t been for individuals.
The question is whether they are actually transformative. Just being different is not enough. I can’t use Disney IP to make my new movie, for instance.
Incorrect. No court has ruled in favor of any plaintiff bringing a copyright infringement claim against an AI LLM. Here’s a breakdown of the current court cases and their rulings:
https://www.skadden.com/insights/publications/2025/07/fair-use-and-ai-training
In both cases, the courts have ruled that training an LLM with copyrighted works is highly transformative and thus, fair use.
The plaintiffs in one case couldn’t even come up with a single iota of evidence of copyright infringement (from the output of the LLM). This—IMHO—is the single most important takeaway from the case: Because the only thing that really mattered was the point where the LLMs generate output. That is, the point of distribution.
Until an LLM is actually outputting something, copyright doesn’t even come into play. Therefore, the act of training an LLM is just like I said: A “Not Applicable” situation.
While that’s interesting info and links, I don’t think that’s true.
https://share.google/opT62A4cIvKp6pwhI This case with Thomson has, but is expected to be overturned.
Most of the big cases are in the early stages. Let’s see what the Disney one does.
There is also the question, not just of copyright or fair use, but legally obtaining the data. Facebook torrented terabytes of data and claimed they did not share it. I don’t know that that’s enough to claim innocence. It hasn’t been for individuals.
The question is whether they are actually transformative. Just being different is not enough. I can’t use Disney IP to make my new movie, for instance.