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Nvidia must face copyright lawsuit over use of authors' books to train AI model

A federal judge ruled three authors can sue Nvidia over claims it used their books to train its NeMo Megatron AI model without permission. The case joins a growing wave of copyright suits targeting AI developers over training data.

A federal judge ruled that three authors can proceed with claims that Nvidia used their copyrighted books to train its NeMo Megatron large language model without permission. Judge Jon S. Tigar of the US District Court for the Northern District of California rejected Nvidia's bid to dismiss the case in a Tuesday ruling.

Authors Abdi Nazemian, Brian Keene, and Stewart O'Nan alleged the chipmaker included their works in the dataset used to train Megatron 345M. The judge found their allegations plausible enough to survive an initial motion to dismiss.

The authors preserved their claims for contributory infringement, which holds that a party can be liable for helping someone else infringe a copyright. Tigar dismissed vicarious infringement claims-which would make Nvidia liable for infringement by others-but left the door open for the authors to refile those claims later.

The ruling also allows the authors to pursue claims that Nvidia infringed copyrights using unidentified models beyond Megatron. This means the case could expand to cover other AI systems the company has developed.

What This Means for Writers

The decision marks a significant moment in ongoing legal battles over whether AI companies can legally train models on published works. Multiple authors and publishers have filed similar lawsuits against other AI developers, arguing their intellectual property was used without consent or compensation.

For writers, the case underscores the tension between AI development and copyright protection. As generative AI and LLM technology becomes more common, questions about fair compensation and consent remain unresolved in courts.

Understanding these legal developments matters for anyone whose work could be used to train AI systems. The outcome of cases like this could affect how companies source training data and whether creators receive payment for their contributions.

Learn more about the AI for Legal implications of AI-generated content and copyright protection.

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