Generative AI and Litigation Trends 2026: NYT / Getty / RIAA

AI Navigate Original / 4/27/2026

💬 OpinionSignals & Early TrendsIndustry & Market Moves
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Key Points

  • Training-data lawsuits surged; fair use vs infringement diverges by region
  • NYT/Getty/RIAA key cases; RIAA settled into license deals
  • Japan: voice/illustration disputes, ACA guideline, licensing businesses
  • New: lawyer liability for AI hallucination; verify before submission

The Landscape Changed in 2024-2026

Since generative AI spread in 2023, training-data lawsuits surged worldwide. The central issue: "is unauthorized training fair use or copyright infringement?" Case law is accumulating, with conclusions diverging by region. Here are the main cases.

Text

NYT v. OpenAI / Microsoft (filed 2023.12)

The New York Times presented 100+ examples of "ChatGPT verbatim-reproducing NYT articles." It argues both unauthorized training-data use and brand dilution. A settlement or ruling in 2025-2026 is expected, an important suit that will be the industry's benchmark.

Others

  • Authors Guild v. OpenAI (unauthorized training on books)
  • Newspapers like Wall Street Journal, CNN, Daily Mail filing one after another
  • OpenAI also concludes license contracts with AP, Axel Springer in parallel

Image

Getty Images v. Stability AI (US filed 2023.2, UK filed 2023.1)

Stock-photo giant Getty argues "Stable Diffusion trained on Getty's watermarked images." The UK ruling (2025) is partly favorable to Getty; the US continues into 2026. It includes the trademark-dilution issue, making it composite.

Artist Class Actions

  • Sarah Andersen et al. v. Stability AI / Midjourney / DeviantArt
  • Class action by Karla Ortiz et al. (US California)
  • Issues: copyright scope of style imitation, legality of style transfer

In June 2026, Getty Images struck a deal with OpenAI to surface licensed Getty imagery inside ChatGPT responses (Innovatopia). While Getty continued its copyright case against Stability AI, it chose a licensing partnership rather than litigation with OpenAI — signaling the image-AI debate is shifting from "is training legal?" lawsuits toward commercial deals that bring rights-cleared stock into AI products. ChatGPT gains cleaner provenance for visual outputs, and Getty unlocks a new AI-driven licensing revenue channel.

Music

RIAA v. Suno / Udio (filed 2024.6 → 2025 settlement reported)

The US recording association and Sony/Universal/Warner Music class-sued Suno and Udio. Argues "can reproduce songs by ABBA or Mariah Carey." Multiple media reported it reached a settlement + license contract in 2025. Though terms are undisclosed, it became a turning point spreading a "data provision + revenue sharing" model in the industry.

Code

GitHub Copilot Lawsuit (filed 2022.11 → 2024 dismissed)

The class action over OSS-license compliance had main claims dismissed in 2024. Verbatim code reproduction is still an issue, but it was judged that proving the illegality of "the training act itself" abstractly is a high bar.

Japan's Situation

  • Protest movements and litigation warnings against AI voice-changers that trained on voice actors' voices without permission
  • Illustrator training exclusion (NoAI tag, progress from the Mimic controversy)
  • The ACA's "thinking on AI and copyright" (March 2024) is a practical guideline
  • Individual licensing: Kodansha, Shogakukan etc. started AI-training-data licensing businesses

Organizing the Issues

IssueDispute status
Infringement of the training actUS fair use vs individual judgment, UK negative
Verbatim reproduction (memorization)Toward infringement findings with direct evidence like NYT v. OpenAI
Style protectionOut of copyright in most jurisdictions; limited protection possible under unfair-competition law
Data ownership/contract termsLicense deals becoming common (NYT, AP, labels)

What Companies Should Do Now

  1. Confirm the training-data provenance of the AI model used (inquire the vendor)
  2. Raise the ratio of commercial-license and opt-in material (Adobe Firefly, Getty AI, etc.)
  3. Self-check whether output resembles existing works
  4. State an AI-use policy in creator contracts
  5. Retain usage logs ~5 years for future law changes

New Type: Lawyer Liability from AI Hallucination

In 2025, in the US lawsuit Concord Music Group v. Anthropic, court filings by the major law firm Latham & Watkins were found to contain hallucinations (fictional/incorrect info) generated by Claude. The lawyer-ethics/disciplinary risk when AI output is submitted without sufficient human verification is being questioned, raising a new type of litigation/sanction risk—"professional liability for AI-generated misinformation"—on a separate axis from copyright disputes.

Summary

The relationship of generative AI and copyright is in a transition where "black or white" is decided by both litigation and contracts. Until case law settles, self-defense via license deals and internal guidelines is wise. Continuously watch NYT v. OpenAI and Getty v. Stability's final conclusions as important suits directly tied to industry-wide rule formation.