Class Action,
Intellectual Property,
Technology
Jul. 13, 2023
Comedian files class action against OpenAI for alleged copyright infringement
Comedian Sarah Silverman has filed a class action lawsuit against OpenAI, alleging copyright infringement of her written work. The defendant, OpenAI, is expected to base their defense on the Fair Use doctrine and other non-infringement theories. They may argue that an AI language model training on various texts is no different than a person reading others’ work to inspire their own style, which is completely permitted. Moreover, any individual work would constitute a tiny fraction of the total training data. Furthermore, it can be argued that the model does not reproduce entire works verbatim.
Josh Eichenstein
Founder
Eichenstein Law Firm P.C.
Email: Joshua@EichIPLaw.com
Southwestern Univ SOL; Los Angeles CA
Josh is a Los Angeles-based intellectual property attorney specializing in copyright, trademark, patent, and trade secret litigation. He was rated as one of Super Lawyers' Rising Stars in the field of Intellectual Property Litigation for the Southern California region from 2017 to 2023.
It was only a matter of time for Open AI to be sued for copyright infringement and it finally happened. One of the most successful comedians of all time, Sarah Silverman, along with others, initiated a class-action copyright infringement lawsuit against OpenAI, Inc. and its associated entities. The crux of their argument? They claim that OpenAI’s language model, ChatGPT, was unlawfully exploiting their copyrighted works, including their own books, without their permis...
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