Artificial Intelligence, The Copyright Act, Technology

What a Piece of Work is a Man [made piece of art] Non-humans (Still) Can’t be Authors Under the Copyright Act

Foley Hoag LLP - Making Your Mark on 3/31/2025

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

D.C. Circuit Affirms Denial of Copyright Protection for AI-Generated Works

McNees Wallace & Nurick LLC on 3/28/2025

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

Digital Millennium Copyright Act Claims in AI-Training Cases – Recent Developments

Skadden, Arps, Slate, Meagher & Flom LLP on 12/11/2024

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

Recent Decisions on Whether AI Training Violates the Digital Millennium Copyright Act

Skadden, Arps, Slate, Meagher & Flom LLP on 12/9/2024

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

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

Skadden, Arps, Slate, Meagher & Flom LLP on 5/22/2024

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

The New York Times Calls Out OpenAI on Its Motion to Dismiss

McDonnell Boehnen Hulbert & Berghoff LLP on 3/19/2024

Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's...more

New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

DarrowEverett LLP on 1/22/2024

On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more

US Copyright Office Guidance on Royalty Eligibility of Musical Works Generated Using AI

Skadden, Arps, Slate, Meagher & Flom LLP on 5/18/2023

As the use of artificial intelligence (AI) to generate new works has expanded rapidly, the U.S. Copyright Office has sought to keep pace by issuing guidance on the application of copyright law to such works. On April 20,...more

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