Siskinds has filed a copyright class action against OpenAI, Inc. and other defendants. The case challenges the defendants’ use of copyrighted works belonging to the plaintiff and proposed class members. The protected works span literary, dramatic, musical, and artistic works that were used without consent as part of their training datasets for generative AI products.
Background
Generative AI relies on complex algorithms to create human-like written and visual content. These programs depend on extensive training datasets. This action alleges that these datasets were created by copying and appropriating a wide array of publicly accessible, copyright-protected works without authorization. By doing so, the defendants infringed on the plaintiffs’ exclusive rights and created competing products that reproduce or mimic these protected works. The defendants’ actions have caused significant harm to the proposed class members, including damages resulting from the unauthorized reproduction of their works and the development of competing models and outputs.
The action seeks to represent all Canadian residents who, on or before the date of certification, were:
a) authors of copyrighted works;
b) employers of such authors at the time the works were created; or
c) assignees or licensees of the authors or employers, whose works were included without consent in the defendants’ training datasets.
This action was commenced in British Columbia by Notice of Civil Claim on September 11, 2024.
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Developments
This action is in its early stages, and significant updates will be shared here as the case progresses. Please check back regularly for the latest information.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more person on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Can I join the class action?
There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.
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