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U.S. Copyright Office Issues Guidance on Generative AI Training

To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more

Court Grants Summary Judgment in AI Copyright Clash, Rejecting "Fair Use"

There are numerous actions currently pending in federal courts that involve artificial intelligence ("AI") and copyright law. Among other things, courts must determine if infringement occurs when an AI is trained on...more

Copyrightability of AI Outputs: U.S. Copyright Office Analyzes Human Authorship Requirement

Artificial intelligence ("AI") raises unique challenges in the context of copyright law. To address and clarify various issues arising at the intersection of AI and copyright, the U.S. Copyright Office ("Office") is in the...more

Wallpaper With Copyright-Protected Images: Limits to "Expected Commercial Use" in Germany, France and the United Kingdom

The Situation: Photo wallpaper will most likely be copyright-protected. There are limits to implied consent of the rightsholder, particularly in relation to the commercial use of images or other copyright-protected objects in...more

CJEU Clarifies Copyright Protection for Software Variables

The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

CJEU Ruling: Greater Copyright Protection for Design Works

The Court of Justice of the European Union ("CJEU") recently ruled that design works must be protected by copyright in the EU regardless of their country of origin. This decision rejects the application of the reciprocity...more

Which AI Components Are Copyright Protectable and Which Are Not?

Background  - On February 14, 2022, the Review Board of the U.S. Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for...more

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