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Copyright Office Authorship Intellectual Property Protection

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Venable LLP

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

Venable LLP on

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

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

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

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

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

Robins Kaplan LLP on

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

Benesch

Rethinking Copyright Law: The Case for Protecting AI-Generated Content and Rewarding Those Who Truly Know What They Want

Benesch on

Imagine a world where your deepest, unarticulated desires—those you are not even consciously aware of—are brought to life. Now, consider if simply articulating those desires in natural language is all it takes to make it...more

Vondran Legal

Copyright Law and BodyCam Video

Vondran Legal on

I saw this question online and decided to answer it here on my blog.  It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police...more

Morgan Lewis

Dueling Briefs Filed Over Human Authorship Requirement for US Copyright Registration

Morgan Lewis on

The threshold issue of human authorship as a prerequisite for obtaining copyright registration at the US Copyright Office is currently being litigated in federal court in the District of Columbia. In August 2023, the US...more

Benesch

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

Benesch on

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

Patterson Belknap Webb & Tyler LLP

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office...more

Perkins Coie

Human Authorship Requirement Continues To Pose Difficulties for AI-Generated Works

Perkins Coie on

2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Pros And Cons Of Protecting AI As Trade Secrets

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Davis Wright Tremaine LLP

Diverging International Approaches to the Copyrightability and Authorship of AI-created Works

When can a work created using artificial intelligence ("AI") be copyrighted? And, if an AI-enabled work can be copyrighted, who is the "author"? The Beijing, China Internet Court took a different approach than the U.S....more

Irwin IP LLP

What Is “Sufficient Human Authorship” In AI-Based Works? 

Irwin IP LLP on

In the most recent of three Copyright Review Board decisions regarding artificial intelligence (“AI”) works, the Board once again found that an artistic work generated by inputting the author’s photograph of a sunset and Van...more

AEON Law

Jury Awards Record Damages in AI-Assisted Copyright Infringement Case

AEON Law on

A California jury has awarded a photographer reportedly the “largest maximum statutory damages verdict for photography infringement in U.S. history,” according to the photographer’s lawyer. The jury awarded $150,000 in...more

Holland & Knight LLP

Generating a Body of Generative AI Case Law

Holland & Knight LLP on

While we wait for further guidance on the registrability of the art output by generative artificial intelligence (AI) models, the U.S. Copyright Office is forging ahead with new decisions that address the issue. On Dec. 11,...more

Ballard Spahr LLP

Copyright Office Affirms Refusal of AI Authorship

Ballard Spahr LLP on

Summary - The Copyright Office Review Board (Board) has affirmed the Copyright Office’s refusal of a work created with the use of artificial intelligence (AI) software....more

Pillsbury - Internet & Social Media Law Blog

Stormy Weather on a Starry Night: The Copyright Office Refuses Another AI-Generated Work

On December 11, the Review Board of the U.S. Copyright Office affirmed the refusal to register yet another AI-generated work. The decision follows the Office’s refusal to register Dr. Stephen Thaler’s A Recent Entrance to...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Copyright Office Rejects Application for AI-Generated Work Based on a Photograph

Copyright Office Rejects Application for AI-Generated Work Based on a Photograph -- On December 11, 2023, the Review Board of the United States Copyright Office (Board) rejected a Second Request for reconsideration with...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup - December 2023

There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. The Beijing Internet Court has ruled that a plaintiff who used...more

Sheppard Mullin Richter & Hampton LLP

Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States

In a decision issued November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship...more

Kaufman & Canoles

Registration and Ownership of AI-Generated Works

Kaufman & Canoles on

Artificial intelligence (AI) has been a prominent topic recently, especially given the technological advances and commercial realization of generative AI systems. As AI-generated content continues to proliferate the Internet,...more

Goodwin

Is It Possible to Copyright Works That Include AI-Generated Material?

Goodwin on

The answer seems to be yes — but only when ‘authorship’ of the work can be attributed to a human. In August 2023, the US District Court for the District of Columbia ruled that an AI-generated work “absent any guiding human...more

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