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Another year, another celebration of intellectual property (IP) on World IP Day. This time, the World Intellectual Property Organization is focusing on IP and music: World Intellectual Property Day 2025 highlights how...more
Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can...more
Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique contributions made by global inventors and creators. Over the past half century,...more
Last week, the D.C. Circuit upheld the Copyright Office’s refusal to register the copyright in this image, which was created entirely by AI. This is consistent with longstanding precedent (in the US, at least) that only...more
On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) ruled in Thaler v. Perlmutter, affirming that works created solely by artificial intelligence (“AI”) cannot be...more
The first substantive decision on the fair use defense in an artificial intelligence (AI) copyright case came down against the defendant, who used AI to create a competing product. However, as the decision expressly limited...more
The power of large language models (LLMs) that enables generative AI derives from vast quantities of data. Much of this data comes from scraping all forms of content from the internet. Despite the benefits, this practice...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
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
Judge Bibas’s second take in Thomson Reuters v. Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. “Highly fact-specific.” “Narrowly decided.” A case with...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
In an unexpected development, the judge in Thomson Reuters v. Ross Intelligence — a case concerning the use of copyrighted material to train an artificial intelligence (AI) model — reversed much of his 2023 decision denying...more
The US Patent & Trademark Office (PTO) issued additional guidance on the contribution of artificial intelligence (AI) in its January 2025 AI Strategy. Similarly, the US Copyright Office issued part two of its “Copyright and...more
To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more
While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more
In recent years, Americans and policymakers in Washington, DC, have become increasingly fixated on artificial intelligence (AI), especially generative AI, and the economic and social considerations associated with the...more
We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more
On October 25, 2024, the Librarian of Congress Carla Hayden adopted a final rule granting exemptions to a Digital Millennium Copyright Act (DMCA) provision that prohibits circumvention of technological measures that control...more
The United States Patent and Trademark Office (USPTO) is holding a roundtable discussion, on August 5, 2024, about the intersection of AI technology and legal protections for individuals’ reputations and name, image, voice,...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
Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts...more
The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...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
As generative AI systems become increasingly sophisticated and widespread, concerns around the use of copyrighted works in their training data continue to intensify. The proposed Generative AI Copyright Disclosure Act of 2024...more