“At trial, plaintiffs and all class members will rely on the same common body of evidence to prove their copyright claim,” the motion stated. “Each element — ownership of a valid copyright and that Google copied plaintiff’s original expression — will be proven by common evidence. Each element turns on Google’s conduct, not the conduct of any individual class member.”
The plaintiffs claim they will show Google’s deliberate ingestion and improper use of copyrighted material, though portions of the evidence supporting that claim were redacted in the filing.
Common Legal Questions and Fair Use Defense
The artists and writers argue that the requirements for class certification are met, citing numerosity (the large number of affected creators) and commonality, as the same core legal questions apply to all members.
Those questions include whether:
-
Google copied or used copyrighted works without authorization;
-
The copying was done as part of AI model training; and
-
Google’s actions can be defended as fair use under copyright law.
The plaintiffs maintain that the fair use defense can be resolved through common proof applicable to the entire class.
