Skip to the links
machine-readable.media
  • Home
  • About
Subscribe
18 September 2026 Copyright

Appeals court narrows DMCA claims over AI output that omits attribution

A Ninth Circuit ruling limits when missing attribution in generative-AI output becomes a DMCA violation.

The Ninth Circuit affirmed dismissal of a claim that GitHub Copilot and OpenAI Codex violated Section 1202 of the DMCA by returning code without copyright-management information, holding that the tools generate new works rather than remove attribution from an existing copy. The court said literal identity is not always required when a protected work is substantially reproduced with its attribution stripped, and it did not decide whether similar output could support ordinary copyright-infringement claims. For creators and publishers, the ruling narrows one route to enhanced DMCA damages while leaving traditional copyright and contract claims to carry more of the AI-attribution fight.

Topics
Copyright
Companies
GitHub OpenAI
Read original Permanent note

© 2026 machine-readable.media · Published with Ghost