The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
The Briefing by Weintraub Tobin
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AI, Copyright, and Fair Use: Legal Challenges Ahead
This chapter examines recent court rulings on copyright and fair use with the rise of generative AI, highlighting the need for substantial evidence from plaintiffs to prove market harm. It discusses the competitive threats AI poses to traditional authors and the implications of a ruling favoring a tech giant, indicating challenges for copyright law in the AI context. The conversation anticipates future litigation strategies and emphasizes the necessity for AI companies to adapt their practices to navigate evolving copyright regulations.
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In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s LLaMA models. But the ruling doesn’t give AI companies a free pass—it reveals the roadmap for how a better-prepared copyright plaintiff could win next time.
