News & Analysis as of

Artificial Intelligence Intellectual Property Protection Authorship

BakerHostetler

Celebrating World IP Day 2025: Music, Innovation, and Intellectual Property

BakerHostetler on

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

Jones Day

JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows

Jones Day on

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

Fox Rothschild LLP

AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

Fox Rothschild LLP on

In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more

Arnall Golden Gregory LLP

Key Takeaways From the Copyright Office's Report on the Economic Impact of AI

In February 2025, the U.S. Copyright Office released a report titled “Identifying the Economic Implications of Artificial Intelligence for Copyright Policy.” Edited by Brent Lutes, the Office’s chief economist, the volume...more

DLA Piper

Copyrightability of genAI Outputs in the US: Key Developments

DLA Piper on

Key takeaways from the US Copyright Office’s Copyrightability Report and the DC Circuit’s March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2:...more

Mayer Brown

Appellate Court Confirms Copyright Statute Limits Authorship to Humans, Foreclosing Copyright Registration for Content Solely...

Mayer Brown on

AT A GLANCE - On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed decisions by a lower court and the United States Copyright Office that human authorship is required to...more

Womble Bond Dickinson

D.C. Circuit Denies Copyright to AI Artwork - What Humans Have and Artificial Intelligence Does Not

Womble Bond Dickinson on

Can a non-human machine be an author under the Copyright Act of 1976? In a March 18, 2025 precedential opinion, a D.C. Circuit panel affirmed prior determinations from the D.C. District Court and the Copyright Office that an...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

Goodwin

DC Circuit Holds That AI Cannot Be an Author Under Copyright Law

Goodwin on

The U.S. Court of Appeals for the District of Columbia Circuit affirmed the Copyright Office’s position that artificial intelligence cannot be an author under the Copyright Act....more

Baker Donelson

D.C. Circuit Court Rules That Artificial Intelligence Cannot Solely Author Copyrightable Works

Baker Donelson on

The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed that artificial intelligence (AI) cannot be the sole author on a copyright-registered work, but questions still remain as to the future of AI...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

Schwabe, Williamson & Wyatt PC

Court Rules AI Can’t Author a Copyrighted Work

On March 18, the U.S. Court of Appeals for the Federal Circuit issued a decision in the Thaler v. Perlmutter case, which confirmed the refusal of copyright registration for a work created entirely by an artificial...more

Bradley Arant Boult Cummings LLP

DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for...

Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the...more

Perkins Coie

Copyright Office Solidifies Stance on the Copyrightability of AI-Generated Works

Perkins Coie on

Earlier this year, the U.S. Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with 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

ArentFox Schiff

Navigating the Intersection of AI and Copyright: Key Insights From the US Copyright Office’s Latest Report

ArentFox Schiff on

The US Copyright Office recently released Part 2 of its Copyright and Artificial Intelligence Report, addressing the copyrightability of outputs generated from artificial intelligence (AI) systems. This report is the second...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

Troutman Pepper Locke

Who Owns Creativity? — AI in Entertainment

Troutman Pepper Locke on

The use of artificial intelligence (AI) in the film and television industry in content creation raises many legal and business issues. One key issue is the ownership of the works generated using AI and the ability to register...more

Whiteford

Client Alert: Can Works Made with Generative AI be Copyrighted?

Whiteford on

In response to the increased use of sophisticated artificial intelligence (“AI”) technologies capable of producing expressive material, the U.S. Copyright Office (“CO”) published a two-part series on the copyrightability of...more

Jones Day

Copyrightability of AI Outputs: U.S. Copyright Office Analyzes Human Authorship Requirement

Jones Day on

Artificial intelligence ("AI") raises unique challenges in the context of copyright law. To address and clarify various issues arising at the intersection of AI and copyright, the U.S. Copyright Office ("Office") is in the...more

MG+M The Law Firm

The Protection of AI-Generated Works as Intellectual Property

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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

Schwabe, Williamson & Wyatt PC

Copyright Office Releases Second AI Report

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

Fisher Phillips

5 Steps You Can Take to Ensure Your Company’s AI-Generated Works are Protected By Copyright

Fisher Phillips on

As organizations increasingly integrate AI into their creative processes, it’s imperative to understand the ins and outs of intellectual property (IP) issues – particularly concerning copyright protection. HR managers and...more

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