US Appeals Court: Westlaw Summaries Are Protected and AI Training Is Not Fair Use
The U.S. Court of Appeals for the Third Circuit affirmed that Westlaw summaries are protected by copyright, and that copying them to train an AI tool is not fair use.
The U.S. Court of Appeals for the Third Circuit affirmed that summaries prepared by Thomson Reuters' Westlaw legal platform are protected by copyright, according to the Daily Record and LawNext.
The court ruled that ROSS Intelligence's copying of these summaries to train an AI legal research tool does not fall under the fair use defense.
The ruling confirms a summary judgment issued in 2025, as the appellate decision was issued with a single word, "Affirmed," pending the release of the full opinion text after redaction agreements.
The source noted that ROSS intends to petition for an en banc rehearing and then appeal to the Supreme Court, in a case that could define the boundaries of using copyrighted material to train AI models.
What Do These Terms Mean?
Copyright: A legal right that protects intellectual works and prevents their use without the owner's permission.
Fair Use: An exception in U.S. law that allows limited use of copyrighted material without permission under certain circumstances.
En Banc Rehearing: A request presenting the case to a larger panel of judges from the same court for re-adjudication.
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