News & Analysis as of

Copyright Applications Intellectual Property Protection

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part Two)

The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created...more

Morgan Lewis

Dueling Briefs Filed Over Human Authorship Requirement for US Copyright Registration

Morgan Lewis on

The threshold issue of human authorship as a prerequisite for obtaining copyright registration at the US Copyright Office is currently being litigated in federal court in the District of Columbia. In August 2023, the US...more

DRI

The Challenges of Generative Artificial Intelligence and US Copyright Law

DRI on

In 2010, while I was attending my computer information systems class as a freshman at Arizona State University, my professor introduced me to the concept of Moore’s Law - the observation that the number of transistors on an...more

Patterson Belknap Webb & Tyler LLP

U.S. Copyright Office Proposes Rule for Group Registration of Published Two-Dimensional Artwork

On February 15, 2024, the United States Copyright Office published a notice of proposed rulemaking, proposing to create a new group registration option for published two-dimensional artwork. Currently, the Copyright Office...more

Davis Wright Tremaine LLP

Diverging International Approaches to the Copyrightability and Authorship of AI-created Works

When can a work created using artificial intelligence ("AI") be copyrighted? And, if an AI-enabled work can be copyrighted, who is the "author"? The Beijing, China Internet Court took a different approach than the U.S....more

Morgan Lewis - Tech & Sourcing

Copyright Registrations and Mickey Mouse

For many companies with identifiable characters, preserving and extending their copyright protections is a top priority. As of January 1, 2024, several famous works have lost their copyright protection and entered into the...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Copyright Office Rejects Application for AI-Generated Work Based on a Photograph

Copyright Office Rejects Application for AI-Generated Work Based on a Photograph -- On December 11, 2023, the Review Board of the United States Copyright Office (Board) rejected a Second Request for reconsideration with...more

McDermott Will & Emery

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

McDermott Will & Emery on

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Jones Day

JONES DAY TALKS®: Paradise Lost: Court Says AI-Generated Work not Copyrightable

Jones Day on

A federal district court held in Thaler v. Perlmutter that an AI-generated image, "A Recent Entrance to Paradise," cannot be copyrighted due to the lack of sufficient human contribution to its creation. Jones Day partners...more

White & Case LLP

5 Practical Considerations for Users of Generative AI Tools following Thaler and Allen

White & Case LLP on

You are likely already familiar with two US recent decisions that have addressed the copyrightability of AI-generated works: (a) On August 18, 2023, the United States District Court for the District of Columbia ruled in...more

Jaburg Wilk

Can I Own Copyrights in Content Created or Partially Created by AI?

Jaburg Wilk on

As AI systems demonstrate unprecedented capabilities to create, manipulate, and generate original content, the interplay between AI and copyright law has come to the forefront of legal discourse. This convergence presents...more

Sheppard Mullin Richter & Hampton LLP

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more

Sheppard Mullin Richter & Hampton LLP

Resource Guide for the Copyright Office Artificial Intelligence Initiative

Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...more

AEON Law

Patent Poetry: AI Law Developing Rapidly

AEON Law on

Almost every week sees a new development in the field of artificial intelligence (AI) law. Here are some recent highlights. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Copyright Office Rejects Application for Refusal To Disclaim AI-Generated Elements

Copyright Office Rejects Application for Refusal To Disclaim AI-Generated Elements - The U.S. Copyright Office has once again refused to register a visual work that included elements generated using artificial intelligence...more

Dorsey & Whitney LLP

Not Human Enough - District Court Rejects Copyright For AI Artwork

Dorsey & Whitney LLP on

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

Bradley Arant Boult Cummings LLP

What Does It Mean to be Human: Copyright Office Confirms That AI-Generated Works Are Not Works of Human Authorship

The U.S. District Court for the District of Columbia recently found that human prompting of AI-generated works does not satisfy the “authorship” requirement for copyright protection. Under the Copyright Act of 1976, copyright...more

Dechert LLP

U.S. District Court Rules that AI-Generated Artwork is Not Eligible for Copyright Registration

Dechert LLP on

Digital artwork created by an AI system has once again been denied U.S. copyright registration. The ruling in Thaler v. Perlmutter granted summary judgment to the Copyright Office and Shira Perlmutter, Register of Copyrights...more

McDermott Will & Emery

Almost Paradise? No Authorship for AI “Creativity Machine”

McDermott Will & Emery on

The US District Court for the District of Columbia agreed with the US Copyright Office’s denial of a copyright application that sought to register visual art generated by artificial intelligence (AI) because US copyright law...more

ArentFox Schiff

No Copyright Protection for Works Created Solely by AI, DC Federal District Court Holds

ArentFox Schiff on

On August 18, 2023, the US District Court for the District of Columbia held that the US Copyright Office did not abuse its discretion in determining that works generated entirely by artificial intelligence (AI) systems are...more

Barnea Jaffa Lande & Co.

United States: Can AI Systems Hold Copyrights?

Lately, we are witnessing an uptrend in the discourse over the interfaces between artificial intelligence systems, particularly text and image generators, and intellectual property law, specifically as pertains to copyrights....more

Ballard Spahr LLP

AI’s Artistry Denied: No Copyright for AI Author

Ballard Spahr LLP on

Summary - The U.S. District Court for the District of Columbia upheld last week, in a first-of-its-kind case, the U.S. Copyright Office's denial of an application to register an image purportedly generated entirely...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Copyright Office Provides Guidance on the Registration of Works That Include AI-Generated Material

Copyright Office Provides Guidance on the Registration of Works That Include AI-Generated Material - During a June 2023 webinar, representatives of the Copyright Office provided much needed clarification and guidance on...more

International Lawyers Network

Can You Register a Copyright on a Work that Contains Material Generated by Artificial Intelligence?

Suppose you have expressed your work in a tangible form, but it contains material generated by artificial intelligence (AI). Although your copyright exists at the moment of creation, does the work contain enough human...more

Seyfarth Shaw LLP

Artificially Yours: Who Owns Rights in AI-Generated Art?

Seyfarth Shaw LLP on

Don’t worry, machines haven’t completely replaced humans as artists—at least, not yet. But the U.S. Copyright Office is considering the possibility....more

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