News & Analysis as of

Artificial Intelligence Authorship Intellectual Property Litigation

Baker Botts L.L.P.

Kadrey v. Meta - Fair Use as a Matter of Law

Baker Botts L.L.P. on

Kadrey v. Meta! On the merits! A doozy of a summary judgment opinion in form and substance. "The devil is in the details," but even for non-lawyers, at least the first five pages are a must-read - there are almost no legal...more

McDonnell Boehnen Hulbert & Berghoff LLP

Copywrong: Authors Miss the Mark(et Harm) when Arguing Meta Didn’t Engage in Fair Use

Weighing in just two days after Judge Alsup of the U.S. District Court for the Northern District of California issued his fair use summary judgment opinion in Bartz v. Anthropic, Judge Chhabria (also of the Northern District...more

Davis Wright Tremaine LLP

The Generative Slate: Two Courts Find Fair Use in GenAI Training

This article is part of DWT's The Generative Slate series. It explores the use of generative AI in the production and distribution of content. After nearly two years since the first lawsuit involving generative AI (GenAI)...more

Baker Botts L.L.P.

Court Finds Fair Use for AI Training, But Distinguishes Library of Pirated Works

Baker Botts L.L.P. on

In a significant development for the field of artificial intelligence and copyright law, the U.S. District Court for the Northern District of California has issued a ruling in a case brought by a group of authors against AI...more

Ropes & Gray LLP

From Books to Bots: Key Takeaways from the Anthropic Fair Use Decision for AI Developers and Copyright Holders

Ropes & Gray LLP on

On June 23, 2025, the United States District Court for the Northern District of California issued a significant order in Bartz, et al. v. Anthropic PBC, clarifying the application of the fair use doctrine to the use of...more

Womble Bond Dickinson

DC Circuit Weighs in On Human Authorship

Womble Bond Dickinson on

The DC Circuit has reaffirmed and reinforced longstanding Copyright Office policy that only humans can be authors....more

Baker Botts L.L.P.

AI Legal Watch: March 27, 2025

Baker Botts L.L.P. on

The recent decision in Thaler v. Perlmutter et al., No. 23-5233 (D.C. Cir. 2025) offers continued guidance on whether “authorship” can be attributed to AI systems (i.e., non-humans) under Copyright Law. The D.C. Circuit...more

Foley Hoag LLP

D.C. Circuit Holds that AI-Generated Artwork is Ineligible for Copyright Protection

Foley Hoag LLP on

Key Takeaways: - Confirming the position of the Copyright Office and past precedent considering the possibility of non-human authors, the D.C. Circuit held this week that the Copyright Act does not protect works created...more

McCarter & English, LLP

Paradise Lost: DC Circuit Affirms AI Has No Soul

Is copyright limited to human authorship? Or, may artificial intelligence create a work of art or write a novel that qualifies for copyright protection? Recently a federal appeals court concluded that only humans are entitled...more

DLA Piper

Another Chinese Court Finds that AI-Generated Images Can Be Protected by Copyright: The Changshu People’s Court and the ‘Half...

DLA Piper on

On 7 March 2025, the Changshu People’s Court (in China’s Jiangsu province) announced that it had recently concluded a case on the topical issue of whether AI-generated works can be protected by copyright. In the case, a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Appellate Court Affirms Human Authorship Requirement for Copyrighting AI-Generated Works

The U.S. Court of Appeals for the D.C. Circuit has affirmed a district court ruling that human authorship is a bedrock requirement to register a copyright, and that an artificial intelligence system cannot be deemed the...more

Lowndes

When the Machine Becomes the Creator: Artificial Intelligence v. the Human Creator Requirements of U.S. Copyright Law

Lowndes on

On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more

Dorsey & Whitney LLP

What Makes an AI Generated Work “Original”?

Dorsey & Whitney LLP on

The emergence of generative artificial intelligence (AI) products in the past couple of years has significantly increased the capacity for individuals, businesses, and organisations to utilise AI to produce a wide range of...more

MG+M The Law Firm

The Protection of AI-Generated Works as Intellectual Property

MG+M The Law Firm on

On September 19, 2024, the US Court of Appeals for the DC Circuit heard oral arguments in Thaler v. Perlmutter, appealing a 2023 decision by Judge Beryl Howell. Stephen Thaler applied for copyright protection for an image...more

MG+M The Law Firm

Release of US Copyright Office Report on Copyrightability of Artificial Intelligence Generated Content: Relevance to Design...

MG+M The Law Firm on

On January 29, 2025, the United States Copyright Office (USCO) released Copyright and Artificial Intelligence Part 2: Copyrightability, its second report on artificial intelligence (AI) and copyright regarding...more

Lowenstein Sandler LLP

U.S. Copyright Office Issues Report on Copyrightability of Generative-AI Outputs

On January 29, 2025, the U.S. Copyright Office (the Copyright Office) published Part 2 of a three-part report on artificial intelligence (AI) and copyright issues in connection with AI’s usage. Part 2 of the report (the...more

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

The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part Two)

The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created...more

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

The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part One)

Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...more

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

Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

Sheppard Mullin Richter & Hampton LLP

George Carlin Was Funny – Copying His Likeness AIn’t – Estate Settles AI-based Copyright Claims

According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The...more

Sheppard Mullin Richter & Hampton LLP

AI Legal Updates

The AI landscape is rapidly changing. To keep you up to date on the fast breaking legal updates in the AI space, we will be providing weekly updates summarizing significant news and legal developments, ranging from AI...more

Seyfarth Shaw LLP

The Latest Chapter in Authors’ Copyright Suit Against OpenAI: Original Pleadings Insufficient

Seyfarth Shaw LLP on

In a relatively scathing opinion finding the plaintiffs’ Complaint “defective in numerous respects,” a district court judge has thrown out most of the claims a group of artists has asserted against AI platforms that allegedly...more

Sheppard Mullin Richter & Hampton LLP

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more

Sheppard Mullin Richter & Hampton LLP

Resource Guide for the Copyright Office Artificial Intelligence Initiative

Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...more

Venable LLP

[Ongoing Program] Life Sciences Series - Legal Developments in Artificial Intelligence: The Intersection of Generative Artificial...

Venable LLP on

We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our...more

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