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.
| Jurisdiction | Leading authority | Answer | Status |
|---|---|---|---|
| United States | Doe v. GitHub (Copilot appeal)U.S. Court of Appeals for the Ninth Circuit · 2026 · Appellate court · +2 more | Provider not liable | Current |
| European Union | Like Company v. Google (C-250/25, reference to the CJEU)Court of Justice of the EU (reference from the Budapest-környéki Törvényszék) · 2025 · Apex court | No position | Ongoing |
| Germany | GEMA v. OpenAILandgericht München I (Regional Court) · 2025 · First instance | Provider liable | Ongoing |
| China | Ultraman LoRA case (Xinchuanghua v. Shuimu)Hangzhou Intermediate People's Court · 2024 · Appellate court · +1 more | Provider liable | Current |
| Brazil | Spitz Park v. ECAD (AI-generated music)Court of Appeal of Santa Catarina, Brazil · 2025 · Appellate court | Closer to provider liable | Current |
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.