Download PDF

Keeping track of FAIR USE cases in the USA

Here we keep track track of major developments fair use cases in the US.

AI-generated art can’t be copyrighted after Supreme Court declines to review the rule

04.03.2026

"The country’s highest judicial court won’t reconsider a decision that determined AI-created art is ineligible for copyright protection." For the moment, the law is still protective of human authorship.

AI-generated art can’t be copyrighted after Supreme Court declines to review the rule | The Verge

Analysis

Supreme Court Denies Certiorari in Thaler v. Perlmutter: AI Cannot Be an Author Under the Copyright Act | Baker Donelson

04.12.2025 Professor Edward Lee has updated his famous map of AI fair use cases in the USA. He also summarized all the cases lost by Open AI.

Map of Copyright Litigation v. AI companies in United States

List of OpenAI’s losses in discovery grows long. Is it the canary in the coal mine for OpenAI? – Chat GPT Is Eating the World

Anthropic Settlement with Authors Could Sets an AI Industry Precedent

26.09.2025

Book authors declare victory as $1.5 billion settlement with Anthropic approved.
Under the terms of the settlement, the copyright owner(s) for each book that falls within the class of 482,460 books downloaded from shadow libraries Library Genesis and Pirate Library Mirror is entitled to claim $3,000 from the class funds. If the c

Book authors declare victory as $1.5 billion settlement with Anthropic approved – Chat GPT Is Eating the World

Anthropic Settlement with Authors Could Set an AI Industry Precedent

26.08.2025

It appears that Anthropic has settled a copyright lawsuit that risked exposing the company to billions of dollars’ worth of damages.

Key takeaway from the case: "“It appears that under the current law, so long as you have lawfully procured a copy of a work, it is fair use to use that as training material in a neural network on the basis that the actual use is considered transformative fair use

In the case at hand the judge presiding over the case, William Alsup, had suggested that even if the AI training use might be considered fair use, this initial acquisition of works was illegitimate and would need compensation.

"The settlement doesn’t set a legal precedent, it could serve to legitimize the authors’ claims and may set a business precedent for similar cases."

Anthropic’s surprise settlement adds new wrinkle in AI copyright war | Reuters

Warner Bros. sues Midjourney for AI-generated images of Superman, Bugs Bunny and other characters

05.09.2025

Warner Bros. is suing artificial intelligence company Midjourney for copyright infringement, alleging that the startup enables its millions of subscribers to create AI-generated images and videos of copyrighted characters like Superman and Bugs Bunny.

It’s the third big Hollywood studio to sue Midjourney in Los Angeles federal court after Disney and Universal filed a joint lawsuit in June.

Warner Bros. sues Midjourney for copyright infringement | AP News

Anthropic AI Class Action: Important Information for Authors

19.08.2025

Anthropic AI Class Action: Important Information for Authors - The Authors Guild

The Market Dilution Doctrine: A Roadmap for Future Lawsuits

26.06.2025

A US federal judge says Meta's use of copyrighted material with no consent is fair use in the specific case because no harm to the market had been adequately proven but warns that other cases might be decided differently.

Meta AI Copyright Case: Judge Rules Training AI on Books is Fair Use, But Pirating Them Isn't - WinBuzzer

Fair Use ? Is AI training like learning ?

24.06.2025

A US federal judge says training AI on copyrighted works is ‘fair use,’ but casts doubt on use of pirated materials

First GenAI "Fair Use" Decision! What It All Means

Disney and Universal are suing AI firm Midjourney for copyright infringement

11.06.2025

On Wednesday, Disney and Universal sued the popular artificial intelligence image generator Midjourney, marking the first time that major Hollywood companies have taken legal action against a creator of generative AI technology that could transform the entertainment industry.

The copyright lawsuit filed in a Los Angeles federal court claims that Midjourney pirated the two Hollywood studios' libraries to generate and distribute 'endless unauthorised copies' of their famous characters, including Darth Vader from the Star Wars franchise and the Minions from Despicable Me.

Disney and Universal sue AI firm Midjourney for copyright infringement | AP News

Thomson Reuters: Training on propriatory data is not "fair use"

11.02.2025 T

homson Reuters wins partial victory in AI copyright 'fair use':
Thomson Reuters wins 'fair use' AI copyright ruling - Press Gazette

RESOURCES

For updated map of ongoing lawsuits in the USA:
Map of Copyright Litigation v. AI companies in United States
For Calendar for copyright lawsuits in the uSA:
Calendar for Copyright Cases v. AI Companies – Chat GPT Is Eating the World

Database of AI litigation in the USA (ALL)

DAIL – the Database of AI Litigation – Ethical Tech Initiative

Share this post