In recent comments featured in Westlaw Today and World Trademark Review, Knobbe Martens partner Mark Lezama shared insights on the latest developments in a closely watched AI copyright infringement dispute between Thomson Reuters and ROSS Intelligence.
Lezama, who co-chairs Knobbe Martens’ Copyright Litigation practice, discussed the nuances of the Third Circuit’s decision affirming that ROSS’s use of Westlaw headnotes to train its AI system did not constitute fair use.
Lezama commented on how the Third Circuit’s evaluation of market effects for the fourth fair-use factor “contrasts starkly” with other high-profile cases deciding whether AI systems’ use of copyrighted works was fair, including Kadrey v. Meta and Bartz v. Anthropic. Lezama maintained, “Copyright owners now can cite an appellate decision that considered the potential market for AI training data as part of the critical fourth fair-use factor.”
Read Lezama’s full comments in Westlaw Today and World Trademark Review [subscription may be required].
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