State of play · data as of 2026-10-21

Liability for AI outputs

Is an AI provider liable when outputs copy protected works?

Where it's heading

Positions on a five-point scale; see the methodology. Narrowed or overruled decisions are left out.

The law todaySettled toward provider liable

4 jurisdictions

3 provider liable1 provider not liable

ProposalsToo few to say

2 papers

2 liable in some cases

Who says what

Every source behind each group’s position, including those still pending or taking no position. Open one for the full summary and the primary source.

Law

4 toward provider liable · 1 toward provider not liable · 8 sources

Policymakers

No position yet · 0 sources

No source from this group on this question yet. Know one we’re missing? Tell us.

Academia

All 2: liable in some cases · 2 sources

Professional bodies

No position yet · 0 sources

No source from this group on this question yet. Know one we’re missing? Tell us.

Current law, jurisdiction by jurisdiction

The most authoritative decision or act still in force in each jurisdiction. Open Decisions for the full list.

JurisdictionLeading authorityAnswerStatus
United StatesDoe v. GitHub (Copilot appeal)U.S. Court of Appeals for the Ninth Circuit · 2026 · Appellate court · +2 moreProvider not liableCurrent
European UnionLike Company v. Google (C-250/25, reference to the CJEU)Court of Justice of the EU (reference from the Budapest-környéki Törvényszék) · 2025 · Apex courtNo positionOngoing
GermanyGEMA v. OpenAILandgericht München I (Regional Court) · 2025 · First instanceProvider liableOngoing
ChinaUltraman LoRA case (Xinchuanghua v. Shuimu)Hangzhou Intermediate People's Court · 2024 · Appellate court · +1 moreProvider liableCurrent
BrazilSpitz Park v. ECAD (AI-generated music)Court of Appeal of Santa Catarina, Brazil · 2025 · Appellate courtCloser to provider liableCurrent

Options on the table

Proposals from parliaments, governments, universities and professional bodies, ordered by breadth of support. Each source group weighs the same.

No proposals recorded on this question yet.

Who backs each option →

What's pending

Decisions still under appeal, and policy moves in the last 18 months.

Decisions under appeal

  • GEMA v. OpenAILandgericht München I (Regional Court) · 2025-11-11 · Under appeal.
  • New York Times v. Microsoft and OpenAI (motion to dismiss)U.S. District Court for the Southern District of New York · 2025-04-04 · Proceedings continue in the consolidated OpenAI copyright litigation.
  • Like Company v. Google (C-250/25, reference to the CJEU)Court of Justice of the EU (reference from the Budapest-környéki Törvényszék) · 2025-04-03 · Pending at the Court of Justice.
  • Andersen v. Stability AI (motion to dismiss)U.S. District Court for the Northern District of California · 2024-08-12 · Proceedings continue.

Recent policy moves

No recent policy moves recorded.

Latest on this topic

A descriptive map of public sources, not legal advice and not a recommendation. Positions are a curated reading, not an exhaustive survey. See the methodology.