The Briefing: No Copyright Claim Needed: How Creators Are Using the DMCA to Challenge AI Training
Published: October 23, 2026
Can bypassing YouTube’s protections to collect AI training data violate the DMCA? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss TED Entertainment v. ByteDance, a lawsuit challenging how videos were allegedly obtained for AI training.
In this episode, they cover:
- Why the court allowed the creators’ anti-circumvention claims to proceed
- How this case differs from the copyright management information claims in Doe v. GitHub
- What creators and AI developers should understand about access controls and acquiring training data
Tune in for a look at where AI training meets the legal limits on accessing online content.