IP Law Daily, STRATEGIC PERSPECTIVES: Courts split on standing requirements for DMCA claims in AI disputes, (Apr 25, 2025)
Article examines question of whether removal of copyright management information from materials used in AI training datasets causes “concrete injury” to rights owners.
The use by artificial intelligence software developers has spurred dozens of lawsuits by copyright owners who contend that their IP rights have been violated. Along with traditional infringement claims, copyright owners have asserted that the removal of copyright management information (CMI)—such as author attribution and digital watermarks embedded in images—violates Section 1202(b) of the Digital Millennium Copyright Act, 17 U.S.C. § 1202(b). AI developers have responded with motions to dismiss DMCA claims for lack of Article III standing, arguing that removing CMI in this context did not cause an injury-in-fact to the rights owners. At least one federal district court agrees with the AI companies, although others have taken a contrary view. The issue is likely to receive appellate review soon.
A Strategic Perspectives article, titled “Copyright owners’ claims over AI companies’ removal of identifying information raise Article III standing questions,” examines recent and ongoing developments regarding this question and considers broader implications of courts’ decisions on Article III standing jurisprudence.
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