Writing in Law360, Reporter Ivan Moreno noted that OpenAI’s new version of its video-generation model, Sora, has highlighted growing tension between AI technologies development and intellectual property (IP) rights. He notes that OpenAI changed its policies in response to backlash to its previous opt-out permissions approach, which required copyright owners to proactively opt-out to deny OpenAI access to their IP. Copyright owners must now opt-in before OpenAI can use their IP.
This shift, notes CM Law Partner Courtney Lytle Sarnow, has opened the door to a flood of litigation. “Every single AI system,” she says, “is doing exactly what [OpenAI] admitted to” with its initial opt-out position. “And that’s why the lawsuits are coming fast and furious.”
She adds that OpenAI is “announcing all the elements of secondary [copyright] liability” on its website, announcing a new version of Sora, referring to language that encourages users to “Take someone else’s creation and put your spin on it.”
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