Copyright roundup: October brings new AI suits and at least 50 amicus briefs

October 2026 was quieter on the copyright front overall, but courts stayed busy, according to the Copyright Alliance. The outlet reported that twelve new AI copyright infringement cases were filed during the month, and that by October 30 interested parties had submitted over fifty amicus briefs in the multidistrict In re OpenAI Copyright Infringement Litigation, including one filed by the Copyright Alliance itself in support of plaintiff authors and publishers opposing defendants' motions for summary judgment. Other filers backing the plaintiffs included Ashley Judd, Joseph Stiglitz, PEN America, and groups such as SAG-AFTRA and the Writers Guild of America, while briefs filed in support of neither party came from Copyright Law Professors, Members of Congress, and a group including Cate Blanchett and Steven Soderbergh, among others.

The Copyright Alliance also reported that the U.S. Copyright Office published a notice of inquiry on October 7 into music streaming fraud, with initial comments due November 23 and reply comments due December 21, and issued a Notice of Proposed Rulemaking on October 28 for the tenth triennial DMCA Section 1201 exemptions, with initial comments due December 7, 2026, opposition comments due February 22, 2027, and reply comments due March 22, 2027.

Separately, the Copyright Alliance reported that the U.S. Supreme Court declined on October 19 to hear BMG Rights Management v. Vetter after four Justices recused themselves, leaving intact a Fifth Circuit ruling that termination rights under the Copyright Act can recapture foreign copyrights when the original grant covered "worldwide" rights.