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The Copyright Act

Irwin IP LLP

Server Test in the Spotlight: What You See or How You See It?

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Elliot McGucken v. Valnet, Inc., No. 24-1040 (U.S. filed Mar. 28, 2025) - Introduction - In the Magician’s Nephew, C.S. Lewis wrote that “[w]hat you see… depends a good deal on where you are standing….,” but is the...more

Dorsey & Whitney LLP

To Recuse or Not to Recuse? An Update.

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Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme...more

International Lawyers Network

Charting a Course on AI Policy: the U.S. Copyright Office Speaks!

Recently, the U.S. Copyright Office published the second of an intended three-part report entitled “Copyright and Artificial Intelligence.”...more

Miller Nash LLP

When Man Beats Machine: The Latest in Artificial Intelligence and Copyright

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Summer must be coming, because the courts are starting to heat up with copyright decisions in artificial intelligence (AI) cases. We’ve previously written here, here, and here about Dr. Stephen Thaler’s attempts to register...more

Womble Bond Dickinson

DC Circuit Weighs in On Human Authorship

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The DC Circuit has reaffirmed and reinforced longstanding Copyright Office policy that only humans can be authors....more

Baker Botts L.L.P.

AI Legal Watch: March 27, 2025

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The recent decision in Thaler v. Perlmutter et al., No. 23-5233 (D.C. Cir. 2025) offers continued guidance on whether “authorship” can be attributed to AI systems (i.e., non-humans) under Copyright Law. The D.C. Circuit...more

Vondran Legal

Flava Works pounds Illinois with new copyright movie piracy lawsuit

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If your handle is on this list, give us a call to discuss. Do not panic; Vondran Legal® can defend you and help you achieve an early settlement without expensive litigation to follow. We have helped many in your situation....more

Foley Hoag LLP - Making Your Mark

What a Piece of Work is a Man [made piece of art] Non-humans (Still) Can’t be Authors Under the Copyright Act

Last week, the D.C. Circuit upheld the Copyright Office’s refusal to register the copyright in this image, which was created entirely by AI. This is consistent with longstanding precedent (in the US, at least) that only...more

Mintz - Antitrust Viewpoints

DC Circuit Court Rules AI Cannot be Author of Copyrighted Work, and NIST Finalizes AI Report — AI: The Washington Report

On March 18, the US Court of Appeals for the DC Circuit ruled that an AI model cannot be the author of copyrighted material under existing copyright law. The court affirmed the US Copyright Office’s long-standing human...more

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

Is (Copyright) Paradise Lost for A Recent Entrance to Paradise and Other AI-Generated Works?

Last week, the D.C. Circuit Court of Appeals issued its opinion in Thaler v. Perlmutter. The opinion notably solidifies the U.S. Copyright Office’s position that works generated autonomously (and thus solely) by artificial...more

McNees Wallace & Nurick LLC

D.C. Circuit Affirms Denial of Copyright Protection for AI-Generated Works

On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) ruled in Thaler v. Perlmutter, affirming that works created solely by artificial intelligence (“AI”) cannot be...more

McDermott Will & Emery

Human Authorship Required: AI Isn’t an Author Under Copyright Act

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The US Court of Appeals for the District of Columbia upheld a district court ruling that affirmed the US Copyright Office’s (CO) denial of a copyright application for artwork created by artificial intelligence (AI),...more

Carlton Fields

No Copyright Protection for AI-Assisted Creations: Thaler v. Perlmutter

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Dr. Stephen Thaler’s attempts to obtain intellectual property protection for artificial intelligence were once again shot down by the courts, when the U.S. Court of Appeals for the District of Columbia affirmed that the...more

Mayer Brown

Appellate Court Confirms Copyright Statute Limits Authorship to Humans, Foreclosing Copyright Registration for Content Solely...

Mayer Brown on

AT A GLANCE - On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed decisions by a lower court and the United States Copyright Office that human authorship is required to...more

Womble Bond Dickinson

D.C. Circuit Denies Copyright to AI Artwork - What Humans Have and Artificial Intelligence Does Not

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Can a non-human machine be an author under the Copyright Act of 1976? In a March 18, 2025 precedential opinion, a D.C. Circuit panel affirmed prior determinations from the D.C. District Court and the Copyright Office that an...more

Kilpatrick

Robots Are Coming—But They Still Can’t Register Copyright

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Key Takeaways - Non-human machines cannot be authors under the Copyright Act of 1976....more

Goodwin

DC Circuit Holds That AI Cannot Be an Author Under Copyright Law

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The U.S. Court of Appeals for the District of Columbia Circuit affirmed the Copyright Office’s position that artificial intelligence cannot be an author under the Copyright Act....more

Venable LLP

New York District Court Confirms Limits of Copyright Protection Regarding Historical Events

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On March 6, 2025, the U.S. District Court for the Southern District of New York confirmed that historical events are not subject to copyright protection....more

Schwabe, Williamson & Wyatt PC

Court Rules AI Can’t Author a Copyrighted Work

On March 18, the U.S. Court of Appeals for the Federal Circuit issued a decision in the Thaler v. Perlmutter case, which confirmed the refusal of copyright registration for a work created entirely by an artificial...more

Lowndes

When the Machine Becomes the Creator: Artificial Intelligence v. the Human Creator Requirements of U.S. Copyright Law

Lowndes on

On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more

BakerHostetler

NBA Teams Support Challenge to Discovery Rule in Copyright Litigation

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Eight NBA teams recently filed an amicus curiae brief supporting a petition that asks the Supreme Court to reject application of the discovery rule to copyright cases. The discovery rule starts the clock for bringing a...more

ArentFox Schiff

Court Decision: Worldwide Rights Lost When a Songwriter Terminates Under US Copyright Law

ArentFox Schiff on

In its ruling in the case Cyril E. Vetter, Et Al. v. Robert Resnik, No. 23-1369-SDD-EWD (M.D. La. Jan. 29, 2025), the US District Court for the Middle District of Louisiana ruled that the US songwriter-plaintiff Vetter...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Bitmanagement Software GmbH v. United States

In this edition of The Precedent, we outline the recent federal circuit decision in Bitmanagement Software GmbH v. United States (Fed. Cir. Jan. 7, 2025)....more

McDermott Will & Emery

Interoperability Doesn’t Imply Derivative Work

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The US Court of Appeals for the Ninth Circuit explained that to be a derivative work, a program interoperative with another must actually incorporate aspects of the underlying work. The Court further ruled that licensees of a...more

Vondran Legal

Photo Infringement Can Be Costly and Up to $150,000 Per Image Infringed!

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Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit...more

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