Pryor Cashman Partner Josh Weigensberg, a member of the Litigation and Media + Entertainment Groups, was quoted in Managing IP regarding a recent federal court ruling that offers new guidance for litigants navigating copyright and AI issues.

In the article, “Why OpenAI Opinion Provides ‘Roadmap’ for Practitioners,” Josh commented on the U.S. District Court for the Southern District of New York’s decision to let certain claims proceed against Microsoft and OpenAI, brought by major media organizations including The New York Times and Daily News.

Josh emphasized that the decision was “helpful guidance for practitioners,” including in the section of the decision about the plaintiffs’ contributory infringement claim:

“Here, you’re seeing a pretty good roadmap for ways to plead that kind of theory that could find success.”

He also addressed the court’s treatment of the statute of limitations, which rejected the notion that the plaintiffs were barred from bringing claims based on alleged conduct that took place during the development of AI models more than three years ago:

“If you’re a copyright owner and are only now just discovering that one of the AI developer companies was trained on your works more than three years ago – that doesn’t necessarily mean that you’re time-barred from bringing that claim.”

The opinion marks a key development in how courts may evaluate liability for generative AI companies and offers important takeaways for both rightsholders and developers.

Read the full article using the link below.