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DC Circuit Holds That AI Cannot Be an Author Under Copyright Law

The U.S. Court of Appeals for the District of Columbia Circuit affirmed the Copyright Office’s position that artificial intelligence cannot be an author under the Copyright Act....more

Court Rejects Fair Use Defense in AI Copyright Case

A federal district court in Delaware has issued the first AI copyright fair use decision on the merits, granting partial summary judgment for copyright owner Thomson Reuters on copyright infringement and rejecting defendant...more

Supreme Court Limits Expression-Based Defenses to Trademark Claims

On June 7, 2023, the U.S. Supreme Court issued its decision in Jack Daniel’s Properties v. VIP Products, reversing the Ninth Circuit and holding in favor of the owner of the Jack Daniel’s whiskey brand. In a unanimous...more

Supreme Court Clarifies Copyright Fair Use Defense in Andy Warhol Foundation v. Goldsmith

The US Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, holding that the purpose and character of the Andy Warhol Foundation’s use of a copyrighted photograph of the...more

Three steps to manage copyright risk when using generative AI to write code

Companies should ensure they do not infringe on the copyrights of underlying works that are used to train generative AI tools. Generative AI systems are trained on large datasets that can include works that are themselves...more

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