A Creator's Guide to Generative AI and Copyright Infringement Legislation

Idea 30 for 2025

As a writer and creator, I am a member of Access Copyright and joined dozens to attend an online webinar a few weeks ago featuring the lawyer Erin Finlay, Partner, Stohn Hay Cafazzo, LLP.

Finlay, perhaps in true lawyerly fashion, presented her comments as information and not legal advice and stressed that they were accurate as of the day of the presentation, October 1, 2025.

After the session we were presented a webinar summary in pdf format, and I have, with AI Assistant with Adobe, assembled the key points:

Finlay provided an overview of ongoing lawsuits regarding:

1. Copyright Infringement Litigation and AI

   
   

2. Update on the Bartz v. Anthropic Settlement

   
   

3. Canada's commencement of gathering input about creating the next chapter's of its AI Leadership Strategy:

   
   

4. Market-based solutions to the situation, such as licensing

   
   

5. Final thoughts

Here is an AI-created, human-edited summary of Finlay's comments

Copyright Infringement Litigation and AI ​

1. Over 50 lawsuits against AI platforms have emerged globally, with many of them being class actions. ​

2. Key judicial takeaways include:

   • Courts often view AI training on copyrighted works as transformative but consider other factors. ​

   • Plaintiffs must demonstrate market harm related to their works. ​

   • The legality of how works are sourced and the extent of copying are crucial. ​

   • Fair use determinations are fact-specific, lacking universal rules. ​

3. Legal clarity on these issues may take years, with varying copyright laws across jurisdictions.

   
   

Update: Bartz v. Anthropic Settlement ​

• A $1.5 billion settlement was preliminarily approved for authors against Anthropic, with compensation estimated at $3,000 per work. ​

• The settlement class includes copyright owners of books downloaded by Anthropic, with specific registration criteria. ​

Lobbying

• The Canadian government has conducted consultations on AI and copyright, with a new consultation launched on October 1, 2025, to gather public input for a Pan-Canadian AI strategy.

Market Solutions

• Reproduction rights organizations are beginning to license works for limited AI uses, viewing this as an extension of collective licensing. ​

• Licensing solutions include safeguards such as (a) limits on copying, (b) legal acquisition of original works, and (c) restrictions on commercial use of AI outputs. ​

  
  

Final Thoughts from Finlay

• Ongoing litigation, lobbying, and licensing will influence each other. ​

• A balanced regulatory framework that respects copyright while fostering AI innovation is ideal, though strategies will vary for different rightsholders. ​

I'm reading from my book, Shopping for Sabzi (2008).