Generative AI Collection, Training, Output: When Might Copyright Infringement Be Found?

Plaintiffs allege that creators of generative AI models have collected copyrighted works, used those copyrighted works to train their models, and then generated copyrighted output from those models in response to user prompts. As of publication, copyright holders have filed 34 lawsuits accusing providers of generative AI models of infringing their copyrights (sometimes together with non-copyright claims). No court has issued a ruling on the merits of those copyright claims, leaving both litigant