Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...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
On December 11, the Review Board of the U.S. Copyright Office affirmed the refusal to register yet another AI-generated work. The decision follows the Office’s refusal to register Dr. Stephen Thaler’s A Recent Entrance to...more
The answer seems to be yes — but only when ‘authorship’ of the work can be attributed to a human. In August 2023, the US District Court for the District of Columbia ruled that an AI-generated work “absent any guiding human...more
Artificial Intelligence (AI) is one of the hottest topics in technology, with businesses studying how to utilize its benefits and at least some workers wondering if smarter and cheaper AI technologies will replace them. Here...more
On August 18, 2023, the US District Court for the District of Columbia (the Court) ruled in Thaler v. Register of Copyrights that an AI-generated work “absent any guiding human hand” is not protected by copyright, explaining...more
U.S. copyright law protects human-authored expression, not works generated purely by generative AI. When a human author uses generative AI tools to create their work, the scope of copyright protection extends to the...more
In 2018, the U.S. Copyright Office denied the registration of a 2-D work of art “A Recent Entrance into Paradise” generated by artificial intelligence (“AI”). The programmer behind the AI, Dr. Stephen Thaler, sued the...more
As the US Copyright Office notes, “Copyright exists from the moment the work is created.” More precisely, under the Copyright Act - A work is “created” when it is fixed in a copy or phonorecord for the first time;...more
China, like the United States, is a party to the Berne Convention for the Protection of Literary and Artistic Works. As such, in general any literary or artistic work created in the US will also be protected in China....more
In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead,...more