News & Analysis as of

Authorship New Guidance

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

McDermott Will & Emery

PTO Reopens Comment Period for AI Inventorship Guidance

McDermott Will & Emery on

The US Patent & Trademark Office (PTO) reopened and extended until June 20, 2024, the period for public comment on the guidance regarding inventorship in applications involving artificial intelligence (AI) assisted...more

Sunstein LLP

AI in the Patent Landscape: USPTO Directive Explores Inventorship Dynamics

Sunstein LLP on

In response to the rapidly evolving landscape of innovation and the integration of artificial intelligence (AI) into creative processes, the United States Patent and Trademark Office (USPTO) issued guidance effective February...more

Smart & Biggar

AI-assisted inventions: USPTO’s most recent guidance for determining inventorship

Smart & Biggar on

AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more

McDermott Will & Emery

PTO Issues Guidance, Request for Comment on AI Inventorship

McDermott Will & Emery on

On February 13, 2024, the US Patent & Trademark Office (PTO) issued a notice with examination guidance and request for comment regarding inventorship in applications involving artificial intelligence (AI)-assisted inventions....more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Guidance about Inventorship of AI-assisted Inventions

On February 12, 2024, the U.S. Patent and Trademark Office released detailed guidance regarding inventorship of inventions created with the assistance of artificial intelligence (AI).  The guidance, signed by Kathi Vidal,...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

Fish & Richardson

U.S. Copyright Office Cancels Registration for AI-Generated Art, Issues AI-Related Registration Guidance

Fish & Richardson on

The United States Copyright Office, like other government agencies and private-sector entities, is reckoning with the implications of artificial intelligence. In February, the Office canceled an artist’s 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

Womble Bond Dickinson

To AI or Not to AI: U.S. Copyright Office Clarifies Options

Womble Bond Dickinson on

The U.S. Copyright Office has weighed in with formal guidance on the copyrightability of works whose generation included the use of artificial intelligence (AI) tools. The good news for technology-oriented human creative...more

Dorsey & Whitney LLP

Copyright Office Provides Guidance on Registration of AI-Created Material: Human Authorship Still Necessary

Dorsey & Whitney LLP on

This blog has covered artificial intelligence and copyright protection in the United States on a number of occasions, including It’s Alive? and AI Artwork. To date, the Copyright Office has consistently rejected registration...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

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