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Art Copyright

International Lawyers Network

The Ownership Debate: Intellectual Property in AI. Who Does It Belong To?

With the rise in the use of artificial intelligence (AI) in all forms, the question is becoming more present than ever – who owns the intellectual property in a work created with the use of AI?...more

K&L Gates LLP

Litigation Minute: The Generative AI Litigation Landscape (Generative AI Series: Part One of Three)

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What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and...more

Seyfarth Shaw LLP

The Legal Landscape of Fan Art

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In the digital age, fans have embraced the opportunity to put a spin on famous corporate logos. Reimagining logos may be a way for consumers to express a connection they have to the brands, teams, and franchises they love and...more

Seyfarth Shaw LLP

Reader Poll on Stability AI Outputs—The Results Are In!

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Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI....more

Hogan Lovells

Beijing Internet Court grants copyright protection for AI artworks, but copyrightability debate of AI-generated output continues

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The copyrightability of AI-generated output has been a hotly debated topic before various Chinese courts since 2018. The latest Chinese judgment on this topic was issued recently by the Beijing Internet Court, on 27 November...more

Baker Donelson

Artificial Intelligence: Intellectual Property Considerations for Your Business Operations

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INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more

Katten Muchin Rosenman LLP

Key Questions Remain After 'Autonomous' GenAI Work Denied Copyright Protection by Federal Court

On August 18, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the U.S. Copyright Office, holding that digital artwork created “autonomously” by an artificial intelligence...more

Seyfarth Shaw LLP

California Court Casts Doubt on Copyright Claims Relating to AI Images

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Several U.S. courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. In one of those cases, a California federal judge recently indicated...more

Arnall Golden Gregory LLP

Painting the Town: The Legal Landscape of Commissioned Murals

Public art installations like murals can be an exciting, effective way to transform the aesthetics of a property — and oftentimes the character of an entire community. Whether it’s a business district looking to attract...more

Sullivan & Worcester

Look to the Purpose, not the Meaning—Supreme Court Rejects Warhol Foundation’s Fair Use Defense Against Lynn Goldsmith

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The Supreme Court of the United States has issued its long-awaited ruling in the dispute between photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on May 18, 2023. The Court held the...more

Miller Canfield

Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

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For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more

Freeman Law

A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

Freeman Law on

On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more

ArentFox Schiff

US Copyright Office Issues Registration Guidelines for Works with Material Created Using AI Technology

ArentFox Schiff on

The Copyright Office indicated that material created using AI may be copyrightable if a human author sufficiently controls the creative process. Less than a month after denying copyright protection to AI-generated...more

AEON Law

Patent Poetry: US Copyright Office: Use of AI Must Be Disclosed

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The US Copyright Office has issued a statement of policy to clarify its practices for examining and registering works that contain material generated by the use of artificial intelligence (AI) technology. AI is very...more

Venable LLP

Generative AI - Copyright Overview - Part 2

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As discussed in part 1 of this two-part series, generative artificial intelligence (AI) is a technology poised to disrupt how artwork is created, software is developed, and text is written. The technological advancements in...more

Venable LLP

Generative AI - Copyright Overview Part 1

Venable LLP on

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Saul Ewing LLP

New Class Action May Shed Light on the Transformative Nature of Generative AI Works of Art

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The use of artificial intelligence (AI) to create works of art creates interesting legal challenges to the protection of intellectual property. A copyright infringement class action lawsuit has been filed against providers of...more

Sheppard Mullin Richter & Hampton LLP

“Not My Work”: When Artists Dispute Authorship

The assumption that artists love credit is challenged when an artist appears to repudiate their authorship. Sometimes repudiation arises from personal animus while in other instances an artist might feel that their work is no...more

Dunlap Bennett & Ludwig PLLC

Do Androids Dream Of Copyright Registration? – AI Art And Copyright

If you scrolled through social media during the month of December, you probably saw an explosion of digital self-portraits from your friends and colleagues using the AI-art app, LENSA. LENSA is the latest AI-art app to join...more

Robinson+Cole Data Privacy + Security Insider

Artists Are Selling AI-Generated Images of Mickey Mouse to Provoke a Test Case

Several artists, frustrated with Artificially Intelligent (AI) image generators skirting copyright laws, are using AI-image generators to produce images of Mickey Mouse and other copyrighted characters to challenge the...more

Holland & Knight LLP

Image-Generating AI: Trends and Legal Challenges

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Like human intelligence, artificial intelligence (AI) can recognize patterns, predict outcomes, analyze complex problems and even equalize – or surpass – human creativity. Tech-generated innovative and creative processes are...more

Saul Ewing LLP

Recent Developments and Challenges in Protecting Intellectual Property Created With Artificial Intelligence

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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

Whitman Legal Solutions, LLC

Just Because It’s On the Internet Doesn’t Mean It’s In the Public Domain

Just Because it’s Published Doesn’t Mean it’s in the Public Domain - Some people think that if something is on the Internet, it’s in the public domain and is fair game to be copied. Not true! Giving the public access to an...more

Holland & Knight LLP

Questions Surround AI-Generated Art and Copyright Authorship

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We previously discussed the idea of who is the owner and who is the creator of AI-generated art. A recent case brought by Stephen Thaler seeks to answer those questions. In his lawsuit, Dr. Stephen Thaler, President and CEO...more

Pillsbury - Internet & Social Media Law Blog

NFT Contracting in a Volatile New Market

The non-fungible token (NFT) market has grown dramatically over the past 24 months. NFTs first garnered widespread attention when the artist Beeple sold digital artwork at Christie’s in March 2021 for $69 million. According...more

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