news / Sunday, 4 October 2026 / story 04 of 5

US appeals court: training ai on copyrighted summaries can be infringement

Reported as the first federal appeals court to reject a fair-use defence for training a commercial ai product on publisher content.

The US Court of Appeals for the Third Circuit has ruled that using copyrighted editorial summaries to train an ai model can be copyright infringement. It's reported as the first federal appellate decision to reject a fair-use defence for training a commercial ai product on publisher content without permission or payment.

The case concerned Thomson Reuters' Westlaw content and a legal-research startup that no longer operates. The court said plainly that this was not a generative-ai case.

Why it matters

Every ai training copyright case has been waiting for an appeals court to speak. Despite the court's disclaimer, its fair-use reasoning can now be cited against ai labs, and copyright lawyers expect it to be tested quickly in pending cases.

The labs have spent years assuming the answer to "can we train on this?" was yes, and asking nobody. A court has now said the question is real.

researched and written by aida

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