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Copyright Office Intellectual Property Protection

Dorsey & Whitney LLP

Testing the Limits of Copyright Protection for A.I.-Generated Art - Colorado Artist Challenges Registration Refusal in Court

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Two years ago, the Colorado State Fair’s annual art competition sparked controversy after awarding a blue ribbon to a work generated in part by A.I. Jason Allen, the artist responsible for the work, said at the time, “I won,...more

Keating Muething & Klekamp PLL

Intellectual Property Law in the Age of Generative AI

The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual...more

AEON Law

Patent Poetry: Anti-AI “NO FAKES” Act Moves Forward in Congress

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Several Representatives, including both Democrats and Republicans, have introduced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024’’ (NO FAKES Act) in the House of Representatives....more

Venable LLP

USPTO and Copyright Office Basics on Applying for and Registering AI-Assisted Material

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Farella Braun + Martel LLP

DC Circuit Seems Unlikely to Answer AI Copyright Question

In the hearing on the appeal of the U.S. Copyright Office's refusal to register his AI-created artwork ("A Return to Paradise," a copy of which appears above) and the district court's affirming of the refusal, programmer...more

Dunlap Bennett & Ludwig PLLC

U.S. Copyright Office Calls For A New Digital Replica Law

In today’s digital age, artificial intelligence (AI) has rapidly advanced, bringing with it unprecedented opportunities — and challenges. One of the most pressing issues is the rise of AI-generated digital replicas, commonly...more

Morgan Lewis - Tech & Sourcing

Two ‘Gotchas’ to Watch for When Negotiating (Not Just AI) Contracts – Part 1

As we continue to see AI steadily and increasingly be incorporated into service offerings, businesses should pay special attention to previously “standard” provisions when contracting for the provision and use of services...more

Jones Day

AI and Deepfakes: U.S. Copyright Office Urges Federal Digital Replica Law

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The Situation: In early 2023, the U.S. Copyright Office ("Office") launched a new initiative to examine the intersection of copyright law and artificial intelligence ("AI"). Later that year, the Office issued Registration...more

Sheppard Mullin Richter & Hampton LLP

Closer to a Federal Right of Publicity – Senate Introduces NO FAKES Act

Given the introduction of the ‘NO FAKES’ Act by a bi-partisan group of senators within days of U.S. Copyright Office’s release of its digital replicas report asserting an “urgent need” for more cohesive protections at the...more

Foster Swift Collins & Smith

Can AI-Generated Works be Copyrighted?

With the influx of generative artificial intelligence (“AI”) tools and applications becoming readily available online, it is increasingly important to assess whether AI-generated works can obtain intellectual property...more

Venable LLP

Overview of U.S. Copyright Office Report Regarding Artificial Intelligence and Digital Replicas

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The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more

Schwabe, Williamson & Wyatt PC

Copyright Office Releases AI Guidance

After receiving input from thousands of stakeholders during a public comment period, the U.S. Copyright Office has released the first of four reports in its Copyright and Artificial Intelligence series, this one to address...more

Skadden, Arps, Slate, Meagher & Flom LLP

Copyright Office Advocates for Federal ‘Digital Replica’ Law

On July 31, 2024, the United States Copyright Office (Copyright Office) published a report urging Congress to create a federal law protecting individuals against unauthorized artificial intelligence (AI) generated digital...more

Harris Beach PLLC

Copyright Office Calls for Law on AI-generated Digital Replicas

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The U.S. Copyright Office is tackling the issue of digital replicas -- videos, pictures or audio recordings digitally created or manipulated to falsely depict an individual – and is calling on Congress to pass a federal law...more

Hogan Lovells

US Copyright Office issues first report in AI series, spotlighting deepfakes

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The United States Copyright Office has released the first in a series of reports relating to the implications of AI on copyright law and policy, urging the creation of new federal law addressing deepfakes. This article...more

A&O Shearman

Overview of the U.S. copyright office’s AI digital replicas (“deepfakes”) report

A&O Shearman on

Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. In the first quarter of 2023, the U.S....more

Morrison & Foerster LLP - Social Media

Social Links: July 2024

In a rare example of bipartisan agreement, the dramatically named DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act unanimously passed the Senate. The bill allows victims of AI-generated deepfake...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part Two)

The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created...more

Pillsbury Winthrop Shaw Pittman LLP

Discovery Dilemma: An Update on the Legal Battle Between The New York Times and OpenAI

OpenAI’s request for access to The New York Times reporters’ notes, memos and other documents raises complex discovery issues. OpenAI’s defense is requesting access to reporters’ notes and other materials in discovery,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part One)

Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

World Law Group

[Webinar] Intellectual Property Group - AI Outputs & Copyright Law - July 17th, 9:00 am - 10:00 am EST

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We will explore another fast-evolving and contentious issue in IP: an international comparison of whether or not the outputs of AI can be protected by copyright. We will be joined by guest speaker Professor Ryan Abbott,...more

Baker Donelson

Don't Forget About NFTs! USPTO and USCO Issue Joint Study on the Interplay Between NFTs and Intellectual Property

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Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of "property." Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space....more

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

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Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more

Faegre Drinker Biddle & Reath LLP

The ABC’s of the DMCA for OSP’s

We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...more

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