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AI Trends for 2026 - Copyright Litigation Shifts from Training Data to AI Outputs

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AI copyright litigation continues, and the total number of cases may see its peak in 2026. In 2025, we saw the earliest rulings...

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AI copyright litigation continues, and the total number of cases may see its peak in 2026. In 2025, we saw the earliest rulings on the fair-use arguments about AI training in cases involving Meta and Anthropic. In 2026, courts will be asked to decide AI training cases involving OpenAI and Google, among others. A judicial consensus is developing that training a general-purpose AI model is highly transformative, a factor favoring the finding of fair use. But other issues are the subject of sharp disagreements between courts, and 2026 is unlikely to bring final answers to copyright questions on AI training.Read the <a href="https://mofotech.mofo.com/topics/ai-trends-for-2026---copyright-litigation-shifts-from-training-data-to-ai-outputs" target="_blank">full blog post</a>.

AI Trends for 2026 - Copyright Litigation Shifts from Training Data to AI Outputs

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Clients turn to Joe Gratz to handle trailblazing litigation where copyright and trademark law meet new technologies. An experienced litigator, Joe draws on his strong technical background to distill complex issues into simple, accurate concepts for judges, juries, and clients. Joe’s cases have set key precedents in Internet law, from the Google Books case that laid the groundwork for today’s generative AI innovations to key cases establishing the boundaries of intermediary liability. In addition to representing their interests in the courtroom, Joe helps his clients navigate their thorniest product counseling puzzles to reduce the risk of litigation.His appellate victory in Long v. Facebook set the standard for platforms in carrying out DMCA removals of user-generated content. And Joe’s win in Stevens v. CoreLogic established limitations on DMCA 1202 claims that have since been adopted by numerous other courts. His amicus brief on behalf of independent booksellers was cited by the Supreme Court in its opinion in Wiley v. Kirtsaeng, and he has submitted amicus briefs in other copyright cases on behalf of Center for Democracy & Technology (in Oracle v. Google) and on behalf of art law professors (in Warhol v. Goldsmith).A recognized commentator on copyright and internet law, Joe was selected as an advisor for the American Law Institute’s project to develop a Restatement of Copyright, and serves on the Advisory Board of the Electronic Frontier Foundation. He frequently speaks on emerging issues in Internet law and was called upon by the Senate Judiciary Committee in 2020 to testify about the interaction between the DMCA 512 safe harbor and fair use. Joe was the 2022 recipient of the California Lawyers Association’s IP Vanguard award, presented to one private practitioner each year for achievements at the forefront of emerging issues in intellectual property law.

Joseph Gratz

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