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ARTICLE · 27 JUNE 2023

Copyright Fair Use For GenAI Training Data – Summary Judgment Decision Arriving Soon?

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One of the most impactful copyright law issues of our time is whether the unauthorized use of copyrighted materials as training data for generative artificial intelligence...

United StatesIntellectual Property
Katten Muchin Rosenman LLP
Katten Muchin Rosenman LLP
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One of the most impactful copyright law issues of our time is whether the unauthorized use of copyrighted materials as training data for generative artificial intelligence (GenAI) models is protected fair use under the Copyright Act. A substantive ruling on this issue could arrive soon.

While the most talked about GenAI litigations are still at the pleading stage, one case—squarely addressing fair use for GenAI training data—is already awaiting a summary judgment ruling.

In Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc., 20-cv-00613 (D. Del.), the parties filed cross-motions for summary judgment on defendant's affirmative defense of fair use. Those motions have been fully briefed since February 2023—nearly four months ago.

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