News & Analysis as of

Copyright New Guidance Intellectual Property Protection

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
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

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Guidance on Use of AI-Based Tools

The USPTO has issued several recent Federal Register Notices this calendar year. The latest, entitled Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office, 89...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – IP Protection hearing, USPTO AI Guidelines, potential data center for AI computing and more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following. Last week, the US House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet...more

Bodman

New Patent Office Guidance Clarifies Application Requirements for Design Patent Protection of Computer-Generated Images, Icons and...

Bodman on

The U.S. Patent and Trademark Office published new guidance in the Federal Register on November 17, 2023, that clarifies the requirements for design patents of computer-generated images, icons, and graphical user interfaces. ...more

Sheppard Mullin Richter & Hampton LLP

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more

Sheppard Mullin Richter & Hampton LLP

Resource Guide for the Copyright Office Artificial Intelligence Initiative

Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...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

Adams and Reese LLP

“Robo Rules” – U.S. Copyright Office Publishes Guidance on Works Containing Artificial Intelligence

Adams and Reese LLP on

The U.S. Copyright Office has published copyright registration guidance on works containing material generated by artificial intelligence technology. The statement of policy clarifies its practices for examining and...more

Eversheds Sutherland (US) LLP

Copyright office issues new guidance on AI-assisted works, but legal concerns linger

Artificial intelligence (AI) has dominated the headlines over the last several years. As technology has continued to advance, computers and robots have progressed from merely assisting human beings with common tasks to making...more

BakerHostetler

AD-ttorneys@law - April 2023

BakerHostetler on

U.S. Copyright Office Keeps AI Out in the Cold - Only humans can copyright, Office says - Daisy, Daisy, Give Me Your Answer True - The Copyright Office has weighed in with long-anticipated statement of policy...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Copyright Office Issues Guidance Regarding Works Produced by Generative AI

On March 16, the Copyright Office published guidance in the Federal Register relating to works produced at least in part by generative artificial intelligence (AI).  This is the latest in a series of policy decisions and...more

Dorsey & Whitney LLP

AI Researcher Prompts Unexpected Output in Federal Court: Copyright Policy

Dorsey & Whitney LLP on

In 2018, the U.S. Copyright Office denied the registration of a 2-D work of art “A Recent Entrance into Paradise” generated by artificial intelligence (“AI”). The programmer behind the AI, Dr. Stephen Thaler, sued the...more

Jones Day

U.S. Copyright Office Launches New Artificial Intelligence Initiative

Jones Day on

The U.S. Copyright Office published new guidance on the registration of works containing artificial intelligence ("AI")-generated material and announced public roundtables on the intersection of AI and copyright....more

McDermott Will & Emery

Not Today, HAL: Copyright Still Requires Human Input

McDermott Will & Emery on

The US Copyright Office (USCO) issued a policy statement on March 16, 2023, clarifying its position on the use of artificial intelligence (AI) in copyrighted materials. This statement came in the wake of the USCO’s recent...more

Fenwick & West LLP

Breaking Dawn: Understanding the Copyright…

Fenwick & West LLP on

Background on Kashtanova’s Comic Book - Digital artist Kris Kashtanova registered Zarya of the Dawn, a comic book with dazzling and dystopian imagery generated via Midjourney’s text-to-image AI model, with the U.S....more

Perkins Coie

Copyright Office Stakes Out Position on Registration of AI-Generated Works

Perkins Coie on

There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence (AI) technology. First, on February 21, 2023, the...more

Sheppard Mullin Richter & Hampton LLP

Copyright Office Guidance on AI

The U.S. Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology...more

Dorsey & Whitney LLP

Brexit: The UK Government Issues Guidelines on the Future of Intellectual Property Laws in the Event of a ‘No Deal’ Brexit

Dorsey & Whitney LLP on

As has been widely reported in the recent weeks, the UK government is currently trying to progress negotiations on a withdrawal agreement and a framework for its future relationship with the EU. However, uncertainty remains...more

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