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Ninth Circuit Rejects DMCA Attribution Claims Against Generative AI Outputs

Published

2 October 2026

Topic

regulatory

◆ Sectors

Enterprise Software

◆ Geography

United States

◆ Source

Read at jdsupra.com →

◆ Verified

Fusion42 · 2 October 2026 · Fusion42 review

The Ninth Circuit rejected claims under the DMCA's copyright management information provisions against the outputs of generative AI like GitHub Copilot, ruling that such outputs are newly generated works without removal or alteration of existing copyright notices. The court clarified that DMCA §1202 claims require an act on a pre-existing copy containing copyright management information and narrowed the scope for pursuit of DMCA claims against AI-generated code.

This Wire brief sits within Fusion42's coverage of Enterprise Software, and 4 sources have reported it between 19 Sep 2026 and 2 Oct 2026.

◆ ◆ The Wire takeaway

You face stricter limits on DMCA claims targeting AI-generated code because courts see these outputs as new works without removed copyright notices. Focus your legal strategies on training data practices or traditional copyright claims rather than on output attribution under DMCA.

◆ Coverage

4 sources · first reported 19 Sep 2026 · latest 2 Oct 2026

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◆ Topics

Enterprise Softwaredmcacopyrightgenerative-aigithub-copilotlegal-ruling