News & Analysis as of

Artificial Intelligence Intellectual Property Protection Supreme Court of the United States

Dorsey & Whitney LLP

To Recuse or Not to Recuse? An Update.

Dorsey & Whitney LLP on

Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme...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

Greenberg Glusker LLP

AI Training, Fair Use, and the Burdens of Being First

Greenberg Glusker LLP on

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

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Akin Gump Strauss Hauer & Feld LLP

Autonomous Akin Update - July 2024

Our newsletter reflects the focus of Akin’s cross-practice autonomous systems and advanced mobility team on developments in the regulatory, policy, trade, intellectual property, and cybersecurity and privacy spaces....more

Rothwell, Figg, Ernst & Manbeck, P.C.

This Summer in Artificial Intelligence: Newly Released USPTO Guidance and Exemplary Worldwide Inventorship Updates

The United States Patent and Trademark Office (USPTO) recently published new guidance on subject-matter eligibility as related to Artificial Intelligence (AI), opening a written comment window to respond with a deadline of...more

Baker Donelson

The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools

Baker Donelson on

Introduction - The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists...more

Katten Muchin Rosenman LLP

What the Supreme Court's Decision in Warhol Could Mean for the Future of Fair Use - Katten Kattwalk | Issue 25

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

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 25

Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more

Jones Day

Generative AI-Assisted Patent Inventorship Questions Remain

Jones Day on

The Situation: The U.S. Supreme Court recently denied certiorari in Thaler v. Vidal, leaving intact the Federal Circuit's ruling that only human beings, and not artificial intelligence ("AI") systems, can be inventors under...more

Holland & Knight LLP

U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer

Holland & Knight LLP on

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

Venable LLP

How Will Use of Copyrighted Content in Artificial Intelligence Be Evaluated After the Supreme Court’s Warhol Decision?

Venable LLP on

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

Lathrop GPM

Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims

Lathrop GPM on

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

BakerHostetler

What Goldsmith Means to AI Trainers

BakerHostetler on

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

Benesch

Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder

Benesch on

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

Sheppard Mullin Richter & Hampton LLP

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s...

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

Levenfeld Pearlstein, LLC

Enablement Unchanged: Amgen v. Sanofi and the Future of Software Patents

In a unanimous ruling, the Supreme Court of the United States (SCOTUS) addressed the enablement requirement under Section 112 of the Patent Act, placing this into sharper focus with the Amgen v. Sanofi case. This landmark...more

White & Case LLP

A Blow to Visual Artists? What the U.S. Supreme Court's Latest Copyright “Fair Use” Decision May Mean for Copyright Protection and...

White & Case LLP on

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

ArentFox Schiff

Patenting AI: How US Patent System Evolves To Keep Up With the AI Revolution

ArentFox Schiff on

The rise of artificial intelligence (AI) applications in recent years has been accompanied by a surge in patent filings by AI developers. But like many other emerging technologies before it, AI inventions face patent...more

Womble Bond Dickinson

Good Artists Copy; Great Artists Steal - Supreme Court Seemingly Narrows First Factor of Fair Use In Copyright Suit, Leaving...

Womble Bond Dickinson on

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

Seyfarth Shaw LLP

SCOTUS Denies Cert in Thaler – The Thorny Issue of AI Inventorship

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The Supreme Court yesterday declined to hear a case brought by a computer scientist whose “invention” was in fact created by artificial intelligence. Stephen Thaler was appealing a Federal Circuit decision that interpreted...more

McDonnell Boehnen Hulbert & Berghoff LLP

Why we think AI can be an inventor on a patent application

On April 18, 2023, we submitted a Supreme Court amicus brief expressing our encouragement for the justices to rule on the question of whether it is proper for an artificial intelligence (AI) to be an inventor on a patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Petition for Writ of Certiorari filed in DABUS AI-as-Inventor Case

Dr. Stephen Thaler, Ph.D., a computer scientist and inventor, has petitioned the Supreme Court of the United States to consider the question of whether the Patent Act restricts the definition of an "inventor" to human...more

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