The case centres on Westlaw’s “headnotes” — concise editorial summaries created by legal experts to help users navigate case law. ROSS Intelligence, a now-defunct startup, used thousands of these headnotes to train a competing AI-driven legal research tool, without permission. A lower court ruled that the headnotes are protected by copyright and that ROSS’s copying did not qualify as fair use. ROSS is appealing the decision. 

The Copyright Alliance brief, which incorporates input from STM, argues that Westlaw’s headnotes meet the originality threshold for copyright (not unlike scholarly abstracts, summaries or editorial metadata crafted by STM publishers). It also emphasizes that allowing unlicensed reuse of this kind could undermine the legitimate licensing market for high-quality, curated content — especially when used to train generative AI tools. 

STM supports the brief’s position that copyright protects not just personality-laden works, but also the intellectual expressive works that involve crafting structured, discoverable, and context-rich editorial material. As in STM members’ own publishing workflows, such content is created with skill, creativity, and judgment — and should not be freely copied or repurposed without regard for copyright protections or the value of the underlying work. 

STM joins the Copyright Alliance and other amici in encouraging the court to uphold the principle that copyright supports innovation — including in the development of responsible, licensed AI. 

Delve deeper
 

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Hosted by IFRRO member Luxorr, the sessions featured forward-thinking dialogue on some of the most pressing copyright issues facing the publishing ecosystem today. Among the highlights was a special session dedicated to recent copyright cases before the Court of Justice of the European Union (CJEU), with presentations from First Advocate General Maciej Szpunar (photographed here) and renowned copyright scholar Professor Dr. Eleonora Rosati.

Throughout the meetings—including a dedicated Publisher Meeting—participants addressed a diverse range of topics critical to the future of copyright, including:

• The intersection of copyright and artificial intelligence;
• Developments in the originality requirement in domestic copyright law;
• Emerging trends and challenges in copyright licensing practices.

These discussions underscore the importance of multi-stakeholder engagement in sustaining a copyright framework that fosters innovation, rewards rights holders, and ensures equitable access to content.

STM remains committed to representing our members’ interests in global forums and collaborating with partners like IFRRO to support high-quality, trustworthy research and a sustainable knowledge ecosystem.

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The brief argues that the district court misapplied Section 1202 of the DMCA by requiring that infringed works be “identical” to original copyrighted content—an interpretation that conflicts with the plain language and purpose of the statute, as well as with international copyright treaties to which the United States is a signatory.

STM contends that GitHub’s unauthorized removal and alteration of copyright management information (CMI) undermines statutory protections, especially in the case of textual works vulnerable to alterations or partial piracy.

The brief warns that the court’s reasoning risks rendering Section 1202 ineffective by allowing infringers to evade liability through minor changes to protected content.

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The brief underscores that Meta knowingly copied and distributed large volumes of copyrighted content sourced from notorious piracy websites—including Z-Library, Libgen, Sci-Hub, and others—that have been repeatedly shut down by courts and investigated by authorities. 

STM argues that Meta’s actions—using unlawful sources while bypassing licensing—threaten the rights of authors and publishers and undermine the sustainability of scholarly communication. 

This action reflects STM’s ongoing work to promote responsible, rights-respecting approaches to the development of AI technologies. 

Further reading: 

• Read STM’s full amicus brief (PDF)

• Bloomberg Law: “Professors, Publishers Back Authors Suing Meta Over AI Training” 

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We believe that robust protection of copyrights, trademarks, rules of origin, and patents is fundamental to strengthening Europe’s creative and technological leadership. These industries contribute significantly to our economy, create high-value jobs, and enhance our global competitiveness in an era of rapid technological change.

Full statement here  https://ip4innovation.eu/

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