The Briefing by the IP Law Blog: Copyright Office Issues Guidance for Works Containing Material Generated by AI
Podcast: The Briefing by the IP Law Blog - Copyright Office Goes After Registration Issued to AI-Created Graphic Novel
The Briefing by the IP Law Blog: Copyright Office Goes After Registration Issued to AI-Created Graphic Novel
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Copyrights - Small Claims Process at the Copyright Office
Podcast: The Briefing by the IP Law Blog - Copyright Office Rejects Application for A.I. Created Art Work
The Briefing by the IP Law Blog: Copyright Office Rejects Application for A.I. Created Art Work
Podcast: The Briefing from the IP Law Blog - The Right to Repair and More New Exemptions
The Briefing from the IP Law Blog – DMCA: The Right to Repair and More new Exemptions
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
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
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
In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). ...more
With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more
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
On November 1, 2023, in a first-of-its kind decision, the Ninth Circuit revived a copyright lawsuit based on dance choreography. Hanagmi v. Epic Games pitted Viral celebrity choreographer Kyle Hanagami against Epic Games,...more
In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and...more
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
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
Addressing the issue for the first time, the US Court of Appeals for the District of Columbia found that the Copyright Act of 1976’s requirement to deposit two copies of a work with the Library of Congress within three months...more
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
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
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
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
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
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
17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated,...more
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
The use of artificial intelligence (AI) to create works of art and inventions raises interesting legal challenges to the protection of intellectual property (IP). The plain language of the Copyright Act and Patent Act present...more
As the US Copyright Office notes, “Copyright exists from the moment the work is created.” More precisely, under the Copyright Act - A work is “created” when it is fixed in a copy or phonorecord for the first time;...more
Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the...more
In 1884, the Supreme Court upended the view that reproductions made by a machine could not qualify for copyright protection. The Court held that a “machine-made” image, meaning a photograph, titled Oscar Wilde, No. 18....more
Thank you for reading the March 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss copyright registration eligibility in relation to non-human authorship and new legislation surrounding...more
Earlier this month, the Supreme Court granted Unicolors' request for review of the Ninth Circuit’s decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (9th Circ. 2020). According to Unicolors, the Ninth Circuit’s...more