Apple Hit with Proposed Class Action Copyright Lawsuit By Authors
On September 8th, 2025, Publisher’s Weekly reported that Apple has been hit by a proposed class action copyright infringement lawsuit by a group of authors. That makes the Silicon Valley giant just the latest technology company to face an intellectual property (IP) claim related to its training of artificial intelligence (AI) models. Here, our Florida copyright infringement attorney discusses the proposed class action lawsuit in more detail.
Copyright Infringement Allegations Against Apple: Unlicensed AI Training
Two authors (Grady Hendrix and Jennifer Roberson) have filed a proposed class action against tech giant Apple in federal court in Northern California. Among other things, they allege that Apple used their copyrighted books without permission, credit, or compensation in order to train its large-language models (LLMs), including the “OpenELM” series. That model series is part of the company’s broader “Apple Intelligence” efforts. The complaint claims Apple pulled works from a dataset known as Books3. That is relevant because Books3 allegedly includes pirated books and is allegedly tied to shadow libraries. The authors are seeking class status, statutory and compensatory damages, restitution, disgorgement, as well as destruction of AI models trained with the work.
Note: Class action status is not automatic. To obtain it, plaintiffs must meet the requirements set out in Rule 23 of the Federal Rules of Civil Procedure. They must first demonstrate numerosity. That means that the class is so large that joining all members individually would be impracticable. Further, they must show commonality of legal/factual claims, establish typicality of their claim, and prove that they can adequately serve as lead plaintiffs.
Major AI Copyright Training Legal Questions Remain
As noted, Apple is by no means the only company in the AI space that is facing this type of copyright infringement lawsuit. There are major AI copyright training legal questions that remain unsettled. The proposed class action against Apple highlights just how significant these issues have become. Among other things, courts (and lawmakers) still must grapple with whether using copyrighted works in large-scale training datasets constitutes copyright infringement. The Fair Use Doctrine is the primary “defense” raised by major companies in these cases. With that being said, it is still a relatively novel issue. Indeed, AI training presents unique challenges that existing case law has not squarely addressed. Some of the key questions that still need to be addressed include:
- Is the “ingestion” of entire works “transformative” enough to meet Fair Use requirements?
- Does it matter whether training is for noncommercial or commercial purposes?
- How should claims of “harm” by authors be measured in these cases?
We Handle Copyright Infringement Cases in South Florida
At Perkins Law — Brand Protection, our Florida copyright infringement lawyer is committed to protecting the rights of clients. If you have any questions or concerns about a trademark dispute, we are here to help. Call us now or contact us online to set up your completely confidential case review. Our firm handles copyright law matters throughout Southeastern Florida.
Source:
publishersweekly.com/pw/by-topic/industry-news/industry-deals/article/98546-apple-sued-by-authors-for-copyright-infringement.html
