“If an AI company profits from content based on someone else’s copyrighted material, they are obligated to share those earnings, possibly in the form of royalties,” said Prashant Mali, an advocate who specializes in data protection and cyber laws. “AI technology was never intended to be used freely at the expense of creators’ rights, and this ruling underscores the need for clear guidelines in balancing innovation with copyright protection.”
This ruling follows a previous decision by Judge Orrick, who had dismissed several of the artists’ original claims in October but allowed them to refile their case. The artists, including Sarah Andersen, Kelly McKernan, and Karla Ortiz, refiled their complaint in November with additional plaintiffs.
Judge Orrick’s recent decision now permits them to proceed with their copyright claims.