News & Analysis as of

Administrative Procedure Act Copyright

Farella Braun + Martel LLP

Trump’s Copyright Purge Leaves Creators in Legal Limbo

A political shake-up at the U.S. Copyright Office has triggered operational chaos and legal uncertainty, leaving creators and copyright lawyers questioning the validity of recent registrations. Following the Trump...more

WilmerHale

Copyright Development: Challenge to Medical Device “Right to Repair” Permitted Under APA

WilmerHale on

On June 7, 2024, the Court of Appeals for the DC Circuit in Medical Imaging & Technology Alliance et al. v. Library of Congress et al., No. 23-5067 (D.C. Cir.), vacated an earlier district court decision and held that rules...more

Irwin IP LLP

Will Third Party Servicers Lose Their Right to Repair Medical Devices Under the APA’s Judicial Review?

Irwin IP LLP on

Med. Imaging & Tech. All. v. Libr. Of Cong., No. 23-5067, 2024 WL 2873107 (D.C. Cir. June 7, 2024) - In October of 2021, pursuant to the triennial review process of the Digital Millennium Copyright Act (“DCMA”), the...more

Snell & Wilmer

D.C. Circuit to Opine on Whether AI May Be Author of Copyrightable Work in Thaler v. Perlmutter

Snell & Wilmer on

The D.C. Circuit is set to decide whether a work generated “autonomously” by an artificial intelligence (“AI”) computer system was properly denied copyright registration by the United States Copyright Office. The work at...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit IP Appeals: Summaries of Key 2023 Decisions (8th Edition)

2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...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

Seyfarth Shaw LLP

No Human, No Way: D.C. Federal Court Denies Copyright Protection for AI-Generated Art

Seyfarth Shaw LLP on

In what appears to be the first court opinion to weigh in on the copyrightability of AI-generated art, the District of D.C. has blessed the Copyright Office’s position to date: only works created by humans deserve protection...more

Dorsey & Whitney LLP

AI Artwork: Worth a Thousand Words, but Zero Copyright Protection?

Dorsey & Whitney LLP on

Technology is changing, but is copyright law keeping up?  Stephen Thaler clearly believes it is not and has sued the U.S. Copyright Office over its refusal to register artwork created by his artificial intelligence software. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Wilson Sonsini Goodrich & Rosati

After Three-Year Wait, Court Allows First Amendment Challenge to Copyright Law to Proceed

On July 21, 2016, WSGR partnered with the Electronic Frontier Foundation (EFF), a leading digital rights nonprofit, to file a lawsuit pro bono challenging the constitutionality of the anti-circumvention provisions of the...more

Dorsey & Whitney LLP

American Airlines Flying High After Copyright Office Reversal

Dorsey & Whitney LLP on

American Airlines recently scored a major win by convincing the Copyright Office to reverse its refusal of an application to register the “American Airlines Flight Symbol.” American Airlines reached its final destination...more

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