US judges stay true to ‘substantial similarity’ test in weighing AI output claims
By Emma Whitford ( May 26, 2026, 21:15 GMT | Comment) -- US judges are continuing to find that copyright owners must plausibly allege substantial similarity in order to sustain claims of derivative artificial intelligence outputs. This is a welcome trend for defendants, in part because infringing model outputs may undermine the AI industry’s argument that training on protected works is fair use. US judges are continuing to find that copyright owners must plausibly allege substantial similarity in order to sustain claims of derivative artificial intelligence outputs. This is a welcome trend for defendants, in part because infringing model outputs may undermine the AI industry’s argument that training on protected works is fair use....
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