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Benesch

Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

Benesch on

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

White and Williams LLP

Generative Artificial Intelligence: Calling for a New Legal Front

White and Williams LLP on

New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI...more

Sunstein LLP

Dance, Fortnite, and the “Epic” Battle for Copyright Protection

Sunstein LLP on

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

Davis Wright Tremaine LLP

Appreciable or de Minimis: That Is the AI Question

As AI-generated materials are becoming more commonplace in creative works across the media landscape, content creators and distributors are seeking guidance on what information needs to be disclosed to the United States...more

Troutman Pepper

Suit for Copyright Infringement of Architectural Plans Allowed to Move Forward

Troutman Pepper on

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

Pillsbury - Internet & Social Media Law Blog

Stand-Alone AI-Generated Content Is Not Copyrightable

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

Haug Partners LLP

Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

Haug Partners LLP on

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

McDermott Will & Emery

It’s a Taking: Copyright Deposit Requirement Violates Fifth Amendment

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

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

McDermott Will & Emery

Almost Paradise? No Authorship for AI “Creativity Machine”

McDermott Will & Emery on

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

Jones Day

Court Finds AI-Generated Work Not Copyrightable for Failure to Meet "Human Authorship" Requirement—But Questions Remain

Jones Day on

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

Morrison & Foerster LLP

District Court Rules that AI-Generated Works Cannot Be Copyrighted

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

Caldwell

To Merit Copyright Protection, There Must be Human Authorship

Caldwell on

Last week, in a decision that was largely expected, the U.S. District Court for the District of Columbia sided with the United States Copyright Office, ruling that works generated entirely by artificial intelligence absent...more

Akin Gump Strauss Hauer & Feld LLP

Generative AI Cannot Meet Authorship Requirement for Copyright Protection, District Court Rules

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

AEON Law

Patent Poetry: Ninth Circuit: Registration of Photo Database Supports Statutory Damages for Each Photo

AEON Law on

The Ninth Circuit has affirmed a federal district court’s ruling that the owner of a collection of photos was entitled to statutory damages for each infringed photo even though the owner had registered the collection with the...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Copyright Office Guidance on Royalty Eligibility of Musical Works Generated Using AI

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

Ladas & Parry LLP

Copyright Protection for Works Resulting From Some Use of Artificial Intelligence in the United States

Ladas & Parry LLP on

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

Faegre Drinker Biddle & Reath LLP

Copyrightability of AI-Generated Works

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

Saul Ewing LLP

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

Saul Ewing LLP on

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

ArentFox Schiff

Proposed Copyright Office Rule Requires Payment of Music Royalties to Terminating Songwriters

ArentFox Schiff on

On October 25, 2022, the US Copyright Office proposed a new rule that would end and reverse actions of the Mechanical Licensing Collective (MLC) that have deprived songwriters and their heirs of US copyright royalties after...more

AEON Law

Patent Poetry: Fortnite Dance Moves Don’t Infringe Copyright

AEON Law on

A federal district court in California has dismissed a choreographer’s claims against Epic Games Inc. based on dance moves in Epic’s Fortnite video game. Plaintiff Kyle Hanagami is a professional choreographer and dance...more

AEON Law

Patent Poetry: Copyright Small Claims Court Starts Operations

AEON Law on

As we wrote about in this blog back in early 2021, the COVID-19 stimulus relief and government-funding bill signed into law in December created a new “small claims court” for small-scale copyright disputes....more

Holland & Knight LLP

Questions Surround AI-Generated Art and Copyright Authorship

Holland & Knight LLP on

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

AEON Law

Patent Poetry: Why it’s important to register your copyrights

AEON Law on

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

International Lawyers Network

Can a Copyright Registration be Invalidated based on Mistakes in the Copyright Application?

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

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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