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Authorship The Copyright Act

Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

Venable LLP

Understanding the Work Made for Hire Doctrine in Copyright Law - Part 1

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Understanding the work made for hire doctrine under the Copyright Act of 1976 is key for effective intellectual property management. The default ownership rule under the Copyright Act provides ownership to the author (i.e.,...more

Benesch

Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

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Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more

Bradley Arant Boult Cummings LLP

Golf Course Copyright Bill Implications Go Beyond The Green

In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against...more

Bradley Arant Boult Cummings LLP

Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE Act

A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures...more

Seyfarth Shaw LLP

The Latest Chapter in Authors’ Copyright Suit Against OpenAI: Original Pleadings Insufficient

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In a relatively scathing opinion finding the plaintiffs’ Complaint “defective in numerous respects,” a district court judge has thrown out most of the claims a group of artists has asserted against AI platforms that allegedly...more

MoFo Tech

AI Trends For 2024 - Vendor Procurement Practices And Generative AI

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Vendor procurement practices will continue to evolve in 2024 to reflect corporate AI risk management and governance policies. While companies are beginning to appreciate that vendor work product may be developed using AI...more

Venable LLP

NFT Intellectual Property Considerations

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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

Seyfarth Shaw LLP

“The Plaintiffs Are Wrong”: OpenAI Submits New Authority in Attempt to Knock Out Sarah Silverman’s Claims

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In the latest skirmish between Sarah Silverman and other authors against Chat GPT-maker OpenAI, OpenAI submitted a new decision from a California federal court in support of its attempt to dismiss the Silverman plaintiffs’...more

Jaburg Wilk

Can I Own Copyrights in Content Created or Partially Created by AI?

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As AI systems demonstrate unprecedented capabilities to create, manipulate, and generate original content, the interplay between AI and copyright law has come to the forefront of legal discourse. This convergence presents...more

Weintraub Tobin

Award-Winning AI Art Not Copyrightable

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Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence...more

Pillsbury - Internet & Social Media Law Blog

Stand-Alone AI-Generated Content Is Not Copyrightable

On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to...more

Haug Partners LLP

Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

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Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or  political ads that will soon infiltrate our airwaves, artificial...more

Bradley Arant Boult Cummings LLP

What Does It Mean to be Human: Copyright Office Confirms That AI-Generated Works Are Not Works of Human Authorship

The U.S. District Court for the District of Columbia recently found that human prompting of AI-generated works does not satisfy the “authorship” requirement for copyright protection. Under the Copyright Act of 1976, copyright...more

McDermott Will & Emery

Almost Paradise? No Authorship for AI “Creativity Machine”

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The US District Court for the District of Columbia agreed with the US Copyright Office’s denial of a copyright application that sought to register visual art generated by artificial intelligence (AI) because US copyright law...more

Jones Day

Court Finds AI-Generated Work Not Copyrightable for Failure to Meet "Human Authorship" Requirement—But Questions Remain

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In Short - The Background: Generative artificial intelligence ("GenAI") tools allow individuals to readily generate content, including works that traditionally would be copyrightable if authored by a human being, such as...more

Morrison & Foerster LLP

District Court Rules that AI-Generated Works Cannot Be Copyrighted

The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v....more

Cooley LLP

District Court Confirms ‘Human Authorship’ Requirement, Sets Copyright Boundary for AI-Generated Works

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On August 18, 2023, Judge Beryl A. Howell of the US District Court for the District of Columbia issued a first-of-its-kind federal court decision in Thaler v. Perlmutter, et al., agreeing with the US Copyright Office that...more

Ballard Spahr LLP

AI’s Artistry Denied: No Copyright for AI Author

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Summary - The U.S. District Court for the District of Columbia upheld last week, in a first-of-its-kind case, the U.S. Copyright Office's denial of an application to register an image purportedly generated entirely...more

Akin Gump Strauss Hauer & Feld LLP

Generative AI Cannot Meet Authorship Requirement for Copyright Protection, District Court Rules

A recent decision by Judge Beryl Howell in the United States District Court for the District of Columbia (“D.C. District Court”) affirmed that human authorship is required for copyright registration. In granting the United...more

Dunlap Bennett & Ludwig PLLC

Melodies And Machines: Copyright Challenges With AI Music

An AI-synthesized bop went viral recently when Drake and The Weeknd seemingly collaborated to sing “Heart On My Sleeve.” In response to the track taking the internet by storm, music industry giant Universal Music Group...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 6, June 2023

Generative AI has Its Risks, but the Sky isn't Falling - “The threat organizations face with GenAI is not new, but it could speed how quickly private data reaches a wider audience.” Why this is important: Generative...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Copyright Office Guidance on Royalty Eligibility of Musical Works Generated Using AI

As the use of artificial intelligence (AI) to generate new works has expanded rapidly, the U.S. Copyright Office has sought to keep pace by issuing guidance on the application of copyright law to such works. On April 20,...more

Perkins Coie

First Lawsuits Arrive Addressing Generative AI

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This is the second of a three-part series on the hot legal topics surrounding generative artificial intelligence (AI) (see Part 1: The Latest Chapter in Copyrightability of AI-Generated Works). As the quality of...more

Faegre Drinker Biddle & Reath LLP

Copyrightability of AI-Generated Works

In recent months, we have been saturated with media coverage involving artificial intelligence (“AI”).  Almost daily there are articles about AI platforms including DALL-E, Midjourney, Stable Diffusion and ChatGPT,...more

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