Extract from Thomas A. Long’s article “2025’s Five Biggest AI-Related Developments in IP Law”
Early Settlements in IP-Owners’ Suits Against AI Developers
Early settlements in copyright lawsuits over AI—particularly in the Bartz v. Anthropic case—likely were motivated by uncertainty surrounding fair use and the prospect of damages awards that could be existentially threatening to AI developers. While these agreements leave key legal issues undetermined, they indicate that deals can be struck between rights holders and AI concerns. We can expect to see more high-stakes settlements in 2026, particularly in cases where there is evidence of illegal downloading of training data, which could motivate defending AI companies to keep disputes away from juries.
Continuing Expansion of Copyright Litigation Over AI
The number of pending copyright lawsuits against AI developers came close to reaching 70 in 2025, with a near certainty of more to come in 2026.
