A federal judge just ruled that computer-generated summaries of novels are “very likely infringing,” which would effectively outlaw many book reports. That seems like a problem.
The Authors Guild has one of the many lawsuits against OpenAI, and law professor Matthew Sag has the details on a ruling in that case that, if left in place, could mean that any attempt to merely summarize any copyright covered work is now possibly infringing. You can read the ruling itself here.
This isn’t just about AI—it’s about fundamentally redefining what copyright protects. And once again, something that should be perfectly fine is being treated as an evil that must be punished, all because some new machine did it.
But, I guess elementary school kids can rejoice that they now have an excuse not to do a book report.
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Sag highlights how it could have a much more dangerous impact beyond getting kids out of their homework: making much of Wikipedia infringing.
A new ruling in Authors Guild v. OpenAI has major implications for copyright law, well beyond artificial intelligence. On October 27, 2025, Judge Sidney Stein of the Southern District of New York denied OpenAI’s motion to dismiss claims that ChatGPT outputs infringed the rights of authors such as George R.R. Martin and David Baldacci. The opinion suggests that short summaries of popular works of fiction are very likely infringing (unless fair use comes to the rescue).
This is a fundamental assault on the idea, expression, distinction as applied to works of fiction. It places thousands of Wikipedia entries in the copyright crosshairs and suggests that any kind of summary or analysis of a work of fiction is presumptively infringing.
Short summaries of copyright-covered works should not impact copyright in any way. Yes, as Sag points out, “fair use” can rescue in some cases, but the old saw remains that “fair use is just the right to hire a lawyer.” And when the process is the punishment, saying that fair use will save you in these cases is of little comfort. Getting a ruling on fair use will run you hundreds of thousands of dollars at least.
Copyright is supposed to stop the outright copying of the copyright-protected expression. A summary is not that. It should not implicate the copyright in any form, and it shouldn’t require fair use to come to the rescue.
Sag lays out the details of what happened in this case:
Judge Stein then went on to evaluate one of the more detailed chat-GPT generated summaries relating to A Game of Thrones, the 694 page novel by George R. R. Martin which eventually became the famous HBO series of the same name. Even though this was only a motion to dismiss, where the cards are stacked against the defendant, I was surprised by how easily the judge could conclude that:
“A more discerning observer could easily conclude that this detailed summary is substantially similar to Martin’s original work, including because the summary conveys the overall tone and feel of the original work by parroting the plot, characters, and themes of the original.”
The judge described the ChatGPT summaries as:
“most certainly attempts at abridgment or condensation of some of the central copyrightable elements of the original works such as setting, plot, and characters”
He saw them as:
“conceptually similar to—although admittedly less detailed than—the plot summaries in Twin Peaks and in Penguin Random House LLC v. Colting, where the district court found that works that summarized in detail the plot, characters, and themes of original works were substantially similar to the original works.” (emphasis added).
To say that the less than 580-word GPT summary of A Game of Thrones is “less detailed” than the 128-page Welcome to Twin Peaks Guide in the Twin Peaks case, or the various children’s books based on famous works of literature in the Colting case, is a bit of an understatement.
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As Sag makes clear, there are few people out there who would legitimately think that the Wikipedia summary should be deemed infringing, which is why this ruling is notable. It again highlights how lots of people, including the media, lawmakers, and now (apparently) judges, get so distracted by the “but this new machine is bad!” in looking at LLM technology that they seem to completely lose the plot.
And that’s dangerous for the future of speech in general. We shouldn’t be tossing out fundamental key concepts in speech (“you can summarize a work of art without fear”) just because some new kind of summarization tool exists.
Source: Book Reports Potentially Copyright Infringing, Thanks To Court Attacks On LLMs | Techdirt
Robin Edgar
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