IP Attorney Randy McCarthy Bloomberg Law - Disney’s Output Focus Puts Fresh Spin on AI Copyright Litigation

September 2025

Bloomberg Law

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But outputs vary from the original works, so analysis of similarity and context-dependent fair use factors will differ, likely forcing plaintiffs to litigate each alleged infringement separately. Even seemingly infringing outputs may not represent the finished product, IP attorney Randy McCarthy of Hall Estill said, as users can modify an AI generation to produce their desired result.

“It’s never been the law that you’re guilty of infringement before you’re done painting,” said McCarthy. “Just because there’s output from a machine, that doesn’t mean that’s what the user is going to use the work for.”
 

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Founded in 1966 in Tulsa, Oklahoma, Hall Estill is a full-service law firm with clients ranging from Fortune 500 corporations to traditional family businesses, as well as nonprofit organizations, entrepreneurial start-ups and individuals. More than 150 legal professionals work in the firm at offices in Tulsa, Oklahoma City, Denver and Northwest Arkansas, assisting a diversified base of local, regional, national and international clients.

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