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Studio Ghibli, the iconic Japanese animation studio founded in 1985 by Hayao Miyazaki and Isao Takahata, has consistently served as a pillar of creativity, producing animated films that blend unique visuals with heartfelt...more
The U.S. Copyright Office has now released the second of four reports in its Copyright and Artificial Intelligence series, addressing the copyrightability of works created using generative artificial intelligence. The...more
I saw this question online and decided to answer it here on my blog. It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police...more
There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. OpenAI recently announced generative AI video tool Sora, which converts...more
While we wait for further guidance on the registrability of the art output by generative artificial intelligence (AI) models, the U.S. Copyright Office is forging ahead with new decisions that address the issue. On Dec. 11,...more
Court Grants Motion To Dismiss in Kadrey AI Training Data Case - In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more
Shrewd businesses often leverage cutting-edge technology to be more efficient or to offer new products or services. But if companies fail to conduct legal risk assessments before using innovative technology, the anticipated...more
On Oct. 30, Judge William Orrick of the U.S. District Court for the Northern District of California largely sided with defendants Stability AI, DeviantArt and Midjourney in the generative AI-copyright infringement suit...more
Room Rental Site Sued Over Chimerical Reviews and Listings - FTC keeps promise to ramp up negative attention on false positives - Ghosted - Remember the first time you hunted for your own apartment? The anguish of...more
Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher...more
It’s hard to keep up with the ferment of controversy bubbling around OpenAI and its compatriots in the generative AI business. Lawsuits, lawsuits, lawsuits. Regulatory probes. Outright bans by sovereign nations. But when, by...more
In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law...more
AI technology is developing at a tremendous pace and AI image creation is no exception. AI images are even winning art contests. Since AI generates artistic images modeling others’ work, human artists are asking “is it...more
In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without...more
The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will...more
On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023). The 7-2...more
The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more
The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not...more
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), in a long-awaited decision impacting fair use...more
Last Thursday, May 18, 2023, the U.S. Supreme Court ruled in a 7-2 decision that the Andy Warhol Foundation's ("AWF") use of Lynn Goldsmith's photograph of the musician Prince in the commercial licensing of artist Andy...more
On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based...more
On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith et al., No. 21-869, analyzing the Copyright Act’s first fair...more
On May 18, 2023, the US Supreme Court affirmed the Second Circuit’s decision that artist Andy Warhol’s silkscreen portrait of Lynn Goldsmith’s photograph of musician Prince, used for a Vanity Fair cover, was not a fair use...more
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
Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in...more