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ARTICLE · 14 FEBRUARY 2025

Breaking: Court Rules That Developer's Use Of Copyrighted Material To Train AI Is Not Fair Use

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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This morning, the court in Thomson Reuters v. Ross Intelligence produced one of the first major rulings to address the application of fair use to artificial intelligence model training.

United StatesTechnology

This morning, the court in Thomson Reuters v. Ross Intelligence produced one of the first major rulings to address the application of fair use to artificial intelligence model training. In a dramatic about-face, the same judge who had previously suggested Ross's AI training might qualify for fair use now holds that it's not even up for debate that it's not. Although the decision is expressly limited to its unique facts, it could have significant implications for the pending infringement cases against AI models, and helps delineate the boundaries of acceptable use of copyrighted material for AI model training.

Background

Thomson Reuters owns copyrights in its Westlaw headnotes and key-number system—editorial content that organizes judicial opinions and helps researchers navigate the law. Ross, an AI-powered legal research platform, used these headnotes to train the AI model powering its own product, albeit never displaying the headnotes to end users. Thomson

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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