AI artists lawsuit push tests copyright rules for training data
Artists, authors and musicians are suing AI companies as courts weigh copyright, fair use and platform terms for training data.
By Maya Lindqvist · Senior Technology Correspondent
3 min read
An AI artists lawsuit wave is putting copyright law, platform terms and training data under fresh pressure as creators sue companies behind chatbots, image generators and AI music tools. The Verge reported that authors, illustrators and musicians are bringing cases against companies including Anthropic, Meta, Google, Stability AI, Midjourney, DeviantArt, Runway AI, Suno and Udio.
The cases matter because courts are beginning to draw lines around what AI companies can use to build models. Some claims have failed or narrowed, but creators have also won notable concessions, including a large settlement against Anthropic tied to pirated ebooks.
What are the AI artists lawsuits about?
The lawsuits generally argue that AI companies used creative works without permission to train systems that can generate text, images or music. Some cases center on copyright infringement, while others focus on platform terms of service or the use of allegedly pirated data.
Author Kirk Wallace Johnson told The Verge he searched for his name in The Atlantic’s searchable database of AI training materials and found his books, including The Feather Thief and The Fishermen and the Dragon. Johnson said those books took “five to six years” each to research and write, and he contacted Susman Godfrey, the law firm leading an authors’ case against Anthropic.
Illustrator Sarah Andersen, known for Sarah’s Scribbles, was among the first visual artists to challenge AI image companies in court. Andersen, Karla Ortiz, Kelly McKernan and other artists filed a class action in January 2023 against Stability AI, Midjourney, DeviantArt and Runway AI, according to The Verge.
Authors have also sued Meta. In Kadrey v. Meta, Richard Kadrey, Sarah Silverman, Christopher Golden and others accused Meta of using books to train Llama without consent. The Verge reported that a judge dismissed several early claims over a lack of evidence of market harm, while narrower copyright and pirated-material claims continue.
Anthropic case brought a major creator win
In Bartz v. Anthropic, novelist Andrea Bartz is the lead plaintiff in a case brought by Susman Godfrey. The Verge reported that Anthropic was found to have violated copyright law by using pirated ebooks downloaded from the internet to train Claude.
Anthropic agreed to a $1.5 billion settlement and to destroy its collection of pirated ebooks, according to The Verge. Judge William Alsup separately ruled that Anthropic’s use of legally purchased books that it scanned for training qualified as fair use because it was transformative.
Bartz told The Verge she disagreed with that fair-use portion of the ruling. She also described the settlement as a major win for creative workers seeking consequences for unauthorized use of their work.
Google music AI case turns on YouTube terms
Musician Sam Kogon is the lead plaintiff in a case over Google’s Lyria AI music engine. The Verge reported that Kogon and other independent musicians accuse Google of violating its own terms by using YouTube data and Content ID material to train Lyria and ProducerAI.
Google has moved to dismiss the case. In that filing, according to The Verge, Google said YouTube’s terms give it broad rights to reproduce, distribute and prepare derivative works from uploaded content.
Google spokesperson Jack Malon told The Verge that the company uses content uploaded to YouTube to improve experiences for creators and viewers across YouTube and Google, including through machine learning and AI applications.
Krystle Delgado, an entertainment and intellectual property lawyer who is leading a case against Suno and Udio on behalf of independent musicians, told The Verge she believes courts and public opinion are moving toward creators. The litigation has not ended the broader fear among artists that AI-generated work could weaken the market for working writers, musicians and illustrators.
This story draws on original reporting from The Verge.