Friday’s Endnotes – 04/17/26

By , April 17, 2026.

Pirate site Anna’s Archive hit with $322M default judgment over music scraping — but will Spotify and record labels ever see the money? — “The judge’s ruling also requires internet service providers including Cloudflare to disable access to Anna’s Archive’s domain names and prevent websites that host the infringing content or facilitate the distribution of this content.”

CJEU delivers pastiche-style judgment on … pastiche — “With its second referral in the long-running dispute in Pelham, Germany’s Federal Court of Justice (BGH) asked the CJEU to tackle the notion of pastiche, this being a defence that – just a few years ago – very few people would have noticed let alone considered invoking. Things have changed: pending the second Pelham referral, some considered (and recommended considering) pastiche a potentially very broad defence, which would cover nearly every ‘creative’ re-use of copyright works and other protected subject-matter. Unsurprisingly, this is not the case.”

EU copyright law roundup – first trimester of 2026 — “Welcome to our first roundup for 2026. In the first trimester of this year, several important developments have taken place in the EU copyright law arena. As our regular audience will know, in this series we have been reporting on CJEU judgments, Advocate General (AG) Opinions (if any) and significant policy developments.”

MPA’s Rivkin: “Protecting copyright an economic necessity” — “Motion Picture Association Chairman and CEO Charles Rivkin has reaffirmed the body’s commitment to protecting copyright in the age of AI. Delivering his annual State of the Industry address at CinemaCon in Las Vegas, Rivkin noted that every time there had been a new advancement, the industry had persisted.”

Anthropic Code Crisis Creates Copyright Contradiction — “Anthropic has sought to minimize the impact of the unintended disclosure, and turned to US copyright law to do so—issuing a takedown notice under the Digital Millennium Copyright Act (DMCA) to GitHub in a bid to have its leaked code taken offline, or at least to restrict its circulation somewhat. The company’s critics, though, have been swift to spot the irony: Anthropic, like most of the broader AI industry, has been embroiled in copyright lawsuits for several years—which have seen the company’s lawyers make some expansive claims about why copyright does not prevent the training or development of AI models.”

Friday’s Endnotes – 04/10/26

By , April 10, 2026.

How Creators and Creative Industries Are Pushing Back Against AI Theft — “These campaigns call on policymakers, politicians, and the creative community to take action to ensure that artists’ works are licensed and that they are compensated before AI companies use them and respect the foundational copyright law frameworks that drive human-centric creativity and innovation.”

Is ChatGPT allowed under EU copyright law to generate a ‘Game of Thrones’ sequel? — “Overall, sequels to fictional novels and other works of fiction are generally considered copyright infringement under EU copyright law if they are created without the consent of the rights holders. But does the fact that a generative AI such as ChatGPT writes such a sequel change anything? Most likely, it does not.”

UMG and Believe settle lawsuit that alleged ‘industrial-scale’ copyright infringement of Universal’s music — “The complaint focused heavily on the distribution of so-called “manipulated” audio — tracks that were typically sped-up or remixed versions of copyrighted recordings, uploaded to major streaming platforms including Spotify, Apple Music, YouTube, TikTok, and Instagram without authorization.”

Judge slams key OpenAI witness in copyright infringement case for ‘hazy recollections’ — “An unimpressed Manhattan judge ordered a corporate representative for OpenAI to undergo a second deposition after finding he failed to answer ‘even the simplest questions’ the first time around about what the company has described as efforts to limit chatbots from stealing writers’ work.”

Friday’s Endnotes – 04/03/26

By , April 03, 2026.

Top Noteworthy Copyright Stories from March 2026 — “March 2026 was one of the busiest months in recent memory for the copyright world, with huge developments on critical copyright issues that all creators and copyright owners must know about.”

Penguin to sue OpenAI over ChatGPT version of German children’s book — “The lawsuit, which was filed on Friday with a Munich court against OpenAI’s Ireland-based European subsidiary, states Penguin Random House’s legal team had prompted ChatGPT to write a story in the vein of Penguin author and illustrator Ingo Siegner’s Coconut the Little Dragon series.”

Publishers Back Concord Music Group’s AI Suit — “Anthropic’s actions, the brief argues, fail to meet the fair use doctrine in at least two ways: it is not transformative and its unauthorized training interferes with copyright holders who are signing licensing agreements with various tech companies.”

Training Data, Market Dilution, and the Elephant in the Room: Why the Three-Step Test Matters for Generative AI — “It is a curious feature of the genAI copyright debate that an instrument of binding international copyright law, one that limits the legislative discretion of every WTO member and governs the scope of every copyright exception in the EU and the US, has so rarely been subjected to sustained analysis in this context.”

Anthropic has ‘come to copyright’ epiphany after Claude code leak — “The code quickly found its way to GitHub and the curious were suddenly trawling the more than 2,000 files containing 512,000 lines of code.So developers did something very Anthropic – gobbled it up and began sharing it with others, often in reworked versions.Anthropic’s response was a ‘come to copyright’ moment. The company began issuing takedown notices to GitHub, using the Clinton era Digital Millennium Copyright Act (DMCA).”

Friday’s Endnotes – 03/27/26

By , March 27, 2026.

Supreme Court Reverses $1 Billion Verdict, Rules Cox Not Contributorily Liable for Subscribers’ Copyright Infringement — “Justice Sotomayor, joined by Justice Ketanji Brown Jackson, filed an opinion concurring only in the judgment. Justice Sotomayor agreed that Cox is not liable, but argued that the majority unnecessarily limited secondary liability. She said that the Court’s precedents leave open the possibility that ‘other common-law theories, such as aiding and abetting, could apply in the copyright context.'”

We were wrong on AI copyright so we changed our minds, admits Culture Secretary Lisa Nandy — “The Wigan MP added: ‘Copyright law in this country is based on one very fundamental principle, which is that people should own their own work.’”

Copyright holders are ready to do AI deals – under existing laws — “Publishing, music and entertainment bodies say their members are tech-savvy and ready to do licence deals with artificial intelligence companies, and existing copyright laws are capable of achieving that outcome. And in the strongest indication to date that the Albanese government holds the same view, Attorney-General Michelle Rowland said the existing copyright regime had served Australia well for more than half a century.”

AG Emiliou advises CJEU to rule that OCSSPs’ authorization under Article 17 of the DSM Directive extends to acts of reproduction — “On a broader level, the Opinion offers a valuable reminder that distinct rights are indeed separate and that there is a requirement to guarantee their high level of protection. Insofar as the right of reproduction is concerned, the latter also stems from its broad formulation in both international and EU law.”

Friday’s Endnotes – 03/20/26

By , March 20, 2026.

Meta Proposes Expanding Fair Use to Excuse its Commercial-Scale Piracy — “We have already witnessed Meta argue that their copying of millions of pirated works from Anna’s Archive is a fair use. But now, in the latest twist, Meta has the temerity to argue that its distribution of those pirated works should be excused as fair use because Meta eventually used the material for training and because the distribution is ‘part-and-parcel’ of BitTorrent technology.”

Government backtracks on AI and copyright after outcry from major artists — “[The UK’s] original position – allowing AI companies to use copyrighted works to train their models with an opt-out option – received major backlash from the likes of Sir Elton John and Dua Lipa. ‘We have listened,’ Technology Secretary Liz Kendall said on Wednesday, saying the government no longer favours that approach.”

Judges Appear Open to Undoing OpenAI Win in Copyright Suit — “Wesley continued to grill McCloud about whether OpenAI made copies of the works in the process of removing the publishers’ information. When McCloud began to respond that he didn’t know the technical details, Wesley interrupted him to say, ‘I would have thought you would, so that you could stand up there and say that there’s no proof whatsoever.'”

American Law Institute’s ‘Copyright Restatement’ Project Faces Growing Opposition—500+ Sign Petition Staunchly Opposing New Rules — “The CRTP was formed by members of the copyright and creative communities, including individuals and organizations that participated in the Copyright Restatement for years but ultimately resigned from the project in its final stages. Those who resigned reportedly did so ‘when it became clear that the ALI would not address repeated concerns from the participants, professional organizations, prominent law professors and copyright experts, the U.S. Copyright Office, and Congress.'”

Reference giants launch copyright fight against OpenAI — “Encyclopedia Britannica claims it reached out to OpenAI to discuss potential licensing opportunities, including an initial discussion in November 2024 that went nowhere.”

Friday’s Endnotes – 03/13/26

By , March 13, 2026.

Protecting copyrighted work and the EU’s creative sector in the age of AI — “On Tuesday, MEPs adopted a series of recommendations to protect copyrighted creative work from use by artificial intelligence (AI), by 460 votes to 71, and with 88 abstentions. They believe that EU copyright law should apply to all systems of generative artificial intelligence (genAI) on the EU market, regardless of the place of training.”

Major Publishers Sue Anna’s Archive Over ‘Staggering’ Copyright Infringement, Seek Injunction — “The publishers also highlight the AI training angle. They note that the shadow library provided high-speed access to 140+ million texts to LLM developers in China, Russia, and elsewhere. This includes a blog post titled “If You’re an LLM, Please Read This” which specifically targets AI companies. The complaint alleged that Anna’s Archive reportedly charges significant fees for premium access, citing a LinkedIn post that mentioned a $200,000 donation.”

Thaler Is Dead. Now for the AI Copyright Questions That Actually Matter. — “The Supreme Court didn’t decide Thaler at all. It simply declined to review the case, leaving in place the D.C. Circuit’s March 2025 ruling. As Professor Andrés Guadamuz has laid out in detail, a remarkable amount of the coverage got two things wrong at once: what it means when the Supreme Court declines review, and what Thaler actually says.”

Leveling Up or Losing Rights? Copyright Challenges of AI-Generated Content in Gaming — “Artificial intelligence is quickly becoming part of the regulated gaming ecosystem. From electronic slot machines and casino games to online sportsbooks and betting platforms, AI is now used to assist with everything from game themes and visual design to user interfaces and marketing content.”

“Reinforces the value of originality”: Fender secures legal ruling to protect the Stratocaster body design — “The Dusseldorf court deemed that the Stratocaster design qualified as a copyrighted work of applied art under German and European law, thus prohibiting Yiwu Philharmonic Musical Instruments Co. from manufacturing, offering or distributing guitars featuring the Stratocaster body shape in Germany and the EU.”

Friday’s Endnotes – 03/06/26

By , March 06, 2026.

Can Copyright Survive the Age of A.I.? — “I’ve spent my career trying to make sure creators are not treated as collateral damage in someone else’s innovation story. In the age of A.I., copyright can still be a living promise, but only if we remember who it was written for—and if we give those human voices real power in shaping what comes next.”

AI licensing is working in the UK — “The first comprehensive review of how publishers license content for AI use in the UK, which has been released by the Publishers Association, shows that licensing is already being widely adopted by many AI developers.”

Faculty Spotlight: Professor Bruce Boyden — Can the Law Keep Up with Technology? — “In a brief he filed with the Supreme Court, he argued that judges should rely on broader, common-sense legal principles that have guided courts for generations. In other areas of law, especially personal injury law, courts often ask practical questions: Did someone know about another person’s plan to do something harmful? Did they contribute to it? Could they reasonably have prevented it? Professor Boyden believes those same questions can help courts decide when an internet company should be responsible for copyright violations happening on its network.”

CCC Launches New AI Re-Use Rights & Transactional Licensing Capabilities for AI — “CCC is launching internal-only AI re-use rights for text-based works from participating rightsholders in its Annual Copyright License for Higher Education (ACLHE), addressing use cases such as prompting, summarization, chatbots, and other AI uses, within a college or university. CCC will also launch AI Transactional Rights featuring pay-per-use options for specific AI use cases, beginning with content summarization.”

Course Hero owner must pay university $75 million in copyright dispute, US jury says — “Post University, a for-profit school in Waterbury, ​Connecticut, sued Learneo ​in 2021. It ⁠said Course Hero violated copyright law by hosting thousands of the school’s files and wrongfully altering ​them to identify the company as their copyright holder. Learneo ​denied ⁠the allegations.”

Friday’s Endnotes – 02/27/26

By , February 27, 2026.

Silicon Valley can pay for copyright to train AI. It just doesn’t want to — “Anthropic is now valued at $US380 billion. OpenAI at $US300 billion. Alphabet, Google’s parent company at over $US4 trillion. These companies have spent billions on data centres, hundreds of millions on engineers, and astonishing sums on computational infrastructure. The one input they have consistently sought to acquire for free is the creative content that makes their models worth using. Billions for concrete and silicon. Nothing for the songwriters, authors, artists and journalists who are the essential ingredient.”

Venue for Creators’ Small Copyright Claims Stirs Efficacy Debate — “‘The biggest question was, “If we build it, will they come?” A fair number of naysayers said everyone is going to opt out,’ Charlesworth said. Without a system to address small claims, copyright ‘becomes a hollow right for a lot of creators’ for whom litigation is impractical, she said, and the lean CCB is ‘one of the most efficient ways you could possibly do it. As a government entity it’s not even a drop in the bucket.'”

9th Circuit Says No Copyright in Tracy Anderson, Megan Roup Workout Battle — “In the latest chapter of a closely-watched fitness industry feud, a federal appeals court handed Megan Roup a decisive victory in her copyright battle with rival trainer Tracy Anderson, affirming the Anderson dance-cardio routines at issue are not protectable under federal copyright law.”

Saudi Arabia’s new Copyright Law: key changes and implications — “The new Copyright Law establishes a comprehensive legal framework for the protection of copyright in the Kingdom. The new law will come into force on 1 August 2026, and the implementing regulations to the new law should be issued by such date.”

Provider’s Degree of Control Affects DMCA Safe Harbor — “The Second Circuit found triable issues of fact, however, on two critical safe harbor elements under § 512(c)(1). The first issue was whether the storage was ‘at the direction of the user.’ The Court stated that the factfinder must determine whether Shutterstock’s review of uploaded material involved ‘substantive and discretionary control’ over what appears on the platform, including the level of aesthetic or editorial judgment applied when deciding which images to accept.”

Friday’s Endnotes – 02/20/26

By , February 20, 2026.

U.S. Copyright Office Issues a Report on the Copyright Claims Board as Directed by the CASE Act — “Since its doors opened on June 16, 2022, claimants from all over the United States and around the world have filed over 1,700 claims in the CCB. The CCB has achieved considerable success in resolving disputes, facilitating settlements, and aiding members of the public. It has enhanced the value of copyrights and confidence in the U.S. copyright system by providing a forum for those who otherwise could not practically enforce their rights in federal court.”

A fragmented landscape: Bridging the copyright gap in Africa — “Ultimately, copyright plays a central role in education, culture and economic development. It protects not only books, films and artistic works, but also the livelihoods of the individuals and communities behind them. In the African context, regional organisations such as OAPI and ARIPO have made important progress in coordinating IP systems. Nevertheless, copyright remains predominantly national, and greater harmonisation, stronger enforcement and increased awareness are still needed.”

Tillis and Schiff Want Answers from ALI on Mass Resignations Around Latest Copyright Restatement Project — “There has been vocal criticism of the project from copyright circles, including the Copyright Office, for years. In 2019, members of Congress sent a letter expressing serious concerns over the project…stating that laws created through federal statute like copyright are ‘ill-suited for treatment in a Restatement’ and threaten to muddle the law. The U.S. Copyright Office, the American Bar Association (IP Law Section) and the U.S. Patent and Trademark Office raised similar concerns.”

Skating between human magic and machine, the fragile fate of generative AI ‘works’ — “Naturally the Munich court was poised to respond to a complaint on whether copyright subsisted in three logos generated by AI through user prompting pursuant to s.2(2) of the German Copyright Act. While ice dance seemingly skates on the edge between human and machine, the German court met the same entanglement in copyright law with a far starker answer.”

MakerWorld launches Copyright Protection Program to help 3D designers fight stolen files being resold online — stamping out knockoffs is priority number one — “MakerWorld already monitors its platform for copyright infringement within its system, and will take down stolen files or remixes with too little variation. Users who abuse the system risk having their accounts flagged or completely banned. This new program is to assist with files being reuploaded to other platforms or physical copies of MakerWorld designs sold on Amazon, Etsy, and other online marketplaces.”

Friday’s Endnotes – 02/13/26

By , February 13, 2026.

AI companies urge Ninth Circuit to make copyright decisions clear — “The plaintiffs claim at different times, when AI assistants are trained using data that is copyrighted, and when it outputs code to consumers, it strips the Copyright Management Information from works and doesn’t give any attribution when relayed to the end-user. The acts of copying and stripping the CMI from code, appellate attorney Jesse Panuccio said, are violations of the Digital Millennium Copyright Act.”

Blackbeard’s revenge: State sovereign immunity ends long running copyright battle — “Despite the Supreme Court’s ruling, Allen sought to reopen the case in 2021, relying on Federal Rule of Civil Procedure 60(b)(6) and introducing a new constitutional theory based on United States v. Georgia (2006). The district court allowed Allen to amend his complaint and proceed with his claims under the ‘Georgia theory,’ which argues for case-by-case abrogation of state sovereign immunity for conduct that violates the Fourteenth Amendment.”

Shutterstock’s eligibility for DMCA safe harbor is thrown into question — “A federal jury will have to decide whether a prominent photo licensing service applied its ‘aesthetic, editorial, or marketing judgment’ to user uploads and therefore lost its right to protection under the safe harbor provision of the Digital Millennium Copyright Act, the U.S. Court of Appeals for the Second Circuit has held.”

Adam Schiff And John Curtis Introduce Bill To Require Tech To Disclose Copyrighted Works Used In AI Training Models — “The Copyright Labeling and Ethical AI Reporting Act would require companies file a notice with the Register of Copyrights that detail the copyrighted works used to train datasets for an AI model. The notice would have to be filed before a new model is publicly released, and would apply retroactively to models already available to consumers.”

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