The first substantive decision on the fair use defense in an artificial intelligence (AI) copyright case came down against the defendant, who used AI to create a competing product. However, as the decision expressly limited...more
3/27/2025
/ Appeals ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Legal Research ,
Legal Technology ,
Machine Learning ,
Summary Judgment ,
Technology
Earlier this year, the U.S. Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with the...more
3/19/2025
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Regulatory Requirements ,
Technology Sector ,
USPTO
As President-elect Donald Trump prepares for his second term, his administration is poised to influence the future of policy surrounding artificial intelligence (AI) and intellectual property (IP), including regulations...more
12/20/2024
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Deep Fake ,
FCC ,
Federal Trade Commission (FTC) ,
Immigration ,
Intellectual Property Protection ,
Legislative Agendas ,
Patent Ownership ,
Patents ,
Regulatory Agenda ,
Regulatory Oversight ,
Retailers ,
Trump Administration
2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the...more
3/7/2024
/ Artificial Intelligence ,
Authorship ,
Canadian Intellectual Property Office (CIPO) ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Ownership ,
Copyright Registration ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Technology
The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI.
Andersen et al. v. Stability AI Ltd.
As we have...more
12/15/2023
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
IP License ,
Privacy Laws ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn...more
7/7/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Appeals ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Fair Use ,
Intellectual Property Protection ,
Photographs ,
SCOTUS ,
Transformative Use
This is the second of a three-part series on the hot legal topics surrounding generative artificial intelligence (AI) (see Part 1: The Latest Chapter in Copyrightability of AI-Generated Works).
As the quality of...more
4/21/2023
/ Artificial Intelligence ,
Artists ,
Authorship ,
Copyright ,
DMCA ,
Entertainment Industry ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Investors ,
IP License ,
IP Litigation ,
Machine Learning ,
Technology Sector ,
The Copyright Act
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
3/22/2023
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance ,
Patent Applicants ,
Photographs ,
Policy Statement
From artificial intelligence (AI) tools that can generate highly sophisticated art, music, and conversation to technology capable of recreating Elvis on the big screen, a recent explosion and maturing of generative AI...more
1/27/2023
/ Advertising ,
Artificial Intelligence ,
Artists ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Internet ,
Privacy Laws ,
Technology ,
Trademarks
Last November, the U.S. Copyright Office issued its Final Rule regarding designating copyright agents under the Digital Millennium Copyright Act (DMCA) and announced a new electronic system for filing such designations....more
11/9/2017
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Designated Agent ,
DMCA ,
Electronic Filing ,
Filing Deadlines ,
Filing Requirements ,
Final Rules ,
Internet Service Providers (ISPs) ,
Safe Harbors ,
Third-Party Service Provider ,
Websites