Summary
A collection of news publishers, including Conde Nast, The Atlantic, Axel Springer Companies, and Vox, have accused Cohere, Inc. of copyright infringement based on the use of the publishers’ news and magazine articles to build and operate its AI. In addition to the copyright claims, plaintiffs alleged that Cohere violates the Lanham Act, including by falsely attributing content created by Cohere to the plaintiffs.
What We're Watching
The complaint goes into detail about how the different plaintiffs have licensed their content to demonstrate the licensing market (which is relevant to the fourth fair use factor). Plaintiffs have licensed their content to other AI developers, including OpenAI, ProRata.ai, Perplexity, and to developers of internal AI products through Copyright Clearance Center. We expect this case to be particularly pertinent to the development of fair use jurisprudence.