5 Copyright Stories to Watch in 2025

Earlier this week, I looked at five plagiarism stories to watch in 2025. But while we are living in tumultuous times regarding authorship and plagiarism, we are also living in equally uncertain times regarding copyright.

As with the previous post, I could have just as easily reshared my January 2023 post about how AI is shaping both fields. But, now that generative AI has been publicly available for over two years, we are starting to understand more specific pain points the technology has raised.

Combine that with some upcoming milestones in other areas of copyright, this is shaping up to be an interesting year.

To that end, here are five copyright stories to watch in 2025.

1: AI Copyright Questions

There’s little doubt that AI will remain the biggest story in copyright for the upcoming year.

The wave of AI lawsuits began in early 2023. However, we haven’t seen definitive rulings on the issues they present. The cases have been mired in discovery and other pre-trial wrangling.

Though many claims against AI companies have been dropped or dismissed, one key question remains: Is using copyright-protected work to train AI systems legal?

To be clear, copyright will not kill AI. However, a ruling that such training is an infringement would be a significant blow for nearly all AI companies. It could also provide creators leverage in determining when and how their work is used.

This could be the year we see the first actual rulings. Though they won’t be the final word on the matter, it might be our first indication of which way the wind is blowing.

2: Judgment Time for the CCB

The Copyright Claims Board (CCB) opened in June 2022 and reached its 100th case in August. This summer, it will celebrate its third year of operation.

The novelty of the CCB has worn off, and the board seems to have found its rhythm. However, that doesn’t mean it’s successful at what it set out to do. Data, including information from the board and gathered by outside researchers, paint a complex picture.

The CCB has struggled to fulfill its role as a place for self-represented copyright holders to file smaller claims. The majority of cases are dismissed without ever reaching the “active” phase, most commonly due to the lack of a compliant claim or lack of service.

There is a great deal of room for improvement. This will likely be the year when we start seeing a push for those changes.

Also, many of the contested cases will likely end in 2025. This will give us more non-default judgments, which will help us better understand how the CCB operates and whether it is meeting its stated goals.

3: The Public Domain Mambo

In 1998, the United States government passed the Sonny Bono Copyright Term Extension Act, which added 20 years to the copyright term of any work currently under protection. This meant that no new works lapsed into the public domain between 1998 and 2018.

Things began to move again in 2019. However, the first few years were largely uneventful (except Winnie-the-Pooh). That changed last year when Steamboat Willie, the first cartoon to feature Mickey Mouse, expired.

This year, the first works featuring Popeye and TinTin are also expiring. However, these expirations have not been met with significant fanfare or new usage. In fact, the most common new content based on these works are parody horror films, including three already planned for Popeye.

The problem is that while individual cartoons and books have expired, the characters have not. As we saw with Sherlock Holmes, it is difficult to use a character until all of that character’s work is in the public domain.

It will be interesting to watch how others exploit Popeye and TinTin. But, if previous years are an indication, the outcome will likely be underwhelming.

4: The Server Test Tested

In May 2007, the Ninth Circuit Court of Appeals established the “server test.” The court ruled that only the party hosting the image was (potentially) liable for any infringement, opening the door to embedding infringing video and pictures.

That test has remained popular with tech advocates but has been a persistent thorn for rightsholders. However, in recent years, more rulings have begun to erode the server test.

Though the Ninth Circuit upheld it in 2023, other circuits have challenged it following the Supreme Court’s decision in the Aereo case.

With such a stark split, the Supreme Court is overdue to hear this issue. While no obvious case is lined up, we’ll likely see more about the server test in 2025 and possibly a definitive ruling in the coming years.

5: More Human Than Human

While much is uncertain about copyright and AI, the United States Copyright Office has made one thing clear: It doesn’t consider AI-generated works to deserve copyright protection. It’s a strong stance, and it’s also contrary to how some other courts have ruled, including one in China.

Does an AI-generated work qualify for copyright protection? If not, how much human creativity is necessary to change that? These are tough questions. While analogs can help, there aren’t always great things to compare AI to.

To be clear, these issues will likely be resolved on a case-by-case basis. Outcomes will depend on the country, the work itself and the creation process. The fact-specific nature of these cases will make them difficult to apply to similar ones.

Still, separating the boundary between AI and humans will be crucial. Even in countries where AI work can be protected, issues of authorship and ownership remain. These questions will be essential to watch in 2025 and beyond.

Bottom Line

2025 is shaping up to be a banner year for copyright news. With so many pressing issues and difficult questions, it will likely be a full year.

Though AI will dominate the headlines, plenty of older issues may also be coming to a head this year. That’s the nature of copyright; the law is often years, even decades, behind the technology.

Hopefully, if nothing else, 2025 will be a year for answers. There are so many unanswered questions in the space that almost any guidance would be welcomed.

To that end, here’s hoping that 2025 is a year of clarity and a year where we exit having answered more questions than we have raised.