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The DC Circuit has reaffirmed and reinforced longstanding Copyright Office policy that only humans can be authors....more
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
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
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
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
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
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
As we head into a new year after a US election year, we are sure to see two things in the media, all kinds of articles on New Year’s Resolutions and all kinds of articles on what we can anticipate occurring in the inaugural...more
The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual...more
After receiving input from thousands of stakeholders during a public comment period, the U.S. Copyright Office has released the first of four reports in its Copyright and Artificial Intelligence series, this one to address...more
On July 31, 2024, the United States Copyright Office (Copyright Office) published a report urging Congress to create a federal law protecting individuals against unauthorized artificial intelligence (AI) generated digital...more
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
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
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
President Biden signed a comprehensive Executive Order addressing AI regulation across a wide range of industries and issues. Intellectual property is a key focus. The Order calls on the U.S. Copyright Office and U.S. Patent...more
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
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
The startlingly fast developments in generative artificial intelligence technology over the last few years have caused numerous questions and issues to be raised about the protection and registrability of copyrighted works...more
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