SCOTUS Cox Ruling Could Raise the Bar for Publisher Copyright Claims Against AI

The US Supreme Court's unanimous ruling in Cox Communications v. Sony Music has established a new 'intent' test for contributory copyright infringement that could significantly affect publishers' legal strategies against AI firms. The 9-0 decision, authored by Justice Clarence Thomas, holds that secondary liability requires either active inducement or a service 'tailored' for infringement with no substantial non-infringing use — mere knowledge of infringement is no longer sufficient. Publishers Weekly's Edward Nawotka identifies the ruling as a double-edged development: it raises the bar for claims against AI companies, but also opens a new strategic avenue centred on whether AI models are 'tailored' to produce creative outputs that substitute for copyrighted human works.