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Copyright Litigation Authorship

Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

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 One)

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

Baker Donelson

The Fast-Moving Race Between Gen-AI and Copyright Law

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With the emergence of generative artificial intelligence (AI) platforms such as ChatGPT and Google Gemini, the widespread use of copyrighted works to train the software systems behind these programs is raising pressing legal...more

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

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Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more

Sheppard Mullin Richter & Hampton LLP

Jobiak’s Opposition to Motion to Dismiss Copyright Infringement Claims on AI-Created Database

We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its...more

Sheppard Mullin Richter & Hampton LLP

George Carlin Was Funny – Copying His Likeness AIn’t – Estate Settles AI-based Copyright Claims

According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The...more

Perkins Coie

Human Authorship Requirement Continues To Pose Difficulties for AI-Generated Works

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2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the...more

Foley & Lardner LLP

Generative AI Systems Tee Up Fair Use Fight

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The surge of generative artificial intelligence (“AI”) systems entering the market faces a barrage of intellectual property challenges in the courts. In one particular flavor, copyright holders allege that the generative AI...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – OpenAI launches Sora, Nvidia stock price increases, universal AI model for biology and more

There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. OpenAI recently announced generative AI video tool Sora, which converts...more

Seyfarth Shaw LLP

The Latest Chapter in Authors’ Copyright Suit Against OpenAI: Original Pleadings Insufficient

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In a relatively scathing opinion finding the plaintiffs’ Complaint “defective in numerous respects,” a district court judge has thrown out most of the claims a group of artists has asserted against AI platforms that allegedly...more

Jenner & Block

Artificial Intelligence and Intellectual Property: A Year In Review

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Artificial intelligence raises various novel legal questions about data privacy, bias in outputs, cybersecurity, and ethics, among other topics. In 2023, however, intellectual property concerns associated with artificial...more

McDermott Will & Emery

Artificial Inspiration? Style Execution by AI Obviates Human Authorship

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The US Copyright Office Review Board rejected a request to register artwork made using an artificial intelligence (AI) painting application, finding that the applicant “exerted insufficient creative control” over the...more

Holland & Knight LLP

Generating a Body of Generative AI Case Law

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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

Sheppard Mullin Richter & Hampton LLP

Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States

In a decision issued November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Grants Motion To Dismiss in Kadrey AI Training Data Case

Court Grants Motion To Dismiss in Kadrey AI Training Data Case - In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more

McDonnell Boehnen Hulbert & Berghoff LLP

An Analogy for the Current Wave of AI Copyright Lawsuits

We are at the beginning of what promises to be a wave (potentially a tsunami) of complaints filed against the companies behind generative AI models (e.g., OpenAI).  Recent lawsuits from Paul Tremblay and Mona Awad (Tremblay...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

Jones Day

Court Finds AI-Generated Work Not Copyrightable for Failure to Meet "Human Authorship" Requirement—But Questions Remain

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In Short - The Background: Generative artificial intelligence ("GenAI") tools allow individuals to readily generate content, including works that traditionally would be copyrightable if authored by a human being, such as...more

Morrison & Foerster LLP

District Court Rules that AI-Generated Works Cannot Be Copyrighted

The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v....more

Akin Gump Strauss Hauer & Feld LLP

Generative AI and Recent Copyright Developments

The recent expansion of the scope and capabilities of generative artificial intelligence (AI) tools and platforms has introduced a number of legal challenges. These challenges can represent a double-edged sword, both for...more

Smart & Biggar

À qui appartiennent les créations générées par l’intelligence artificielle et pourquoi vous devriez vous en préoccuper

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Guillaume Lavoie Ste-Marie s'est récemment exprimé sur le thème de l'intelligence artificielle (IA) et de la protection de la PI pour les œuvres créées à l'aide de l'IA, en tant qu'invité de « Voix de la PI canadienne », un...more

Smart & Biggar

Who owns AI-generated creations – and why you should care

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Recently Guillaume Lavoie Ste-Marie spoke on the topic of Artificial Intelligence (AI) and IP protection for AI-generated works as a guest on Canadian IP Voices, an official podcast produced by the Canadian Intellectual...more

Kaufman & Canoles

Post Malone Stops Running in “Circles”

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Post Malone (real name Austin Post) has settled with Tyler Armes, a professional musician who had accused Malone of failing to credit him on his hit 2019 song “Circles.”...more

Nelson Mullins Riley & Scarborough LLP

AI and IP: What’s the Deal?

This is the second entry in a series of posts by our team about AI generative tools such as ChatGPT and related legal issues (our first was ChatGPT: The Future May Be Bright, But on What Terms?).  Many people are aware of...more

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