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Morgan Lewis - Tech & Sourcing

Two ‘Gotchas’ to Watch for When Negotiating (Not Just AI) Contracts – Part 1

As we continue to see AI steadily and increasingly be incorporated into service offerings, businesses should pay special attention to previously “standard” provisions when contracting for the provision and use of services...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 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

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

World Law Group

[Webinar] Intellectual Property Group - AI Outputs & Copyright Law - July 17th, 9:00 am - 10:00 am EST

World Law Group on

We will explore another fast-evolving and contentious issue in IP: an international comparison of whether or not the outputs of AI can be protected by copyright. We will be joined by guest speaker Professor Ryan Abbott,...more

Baker Donelson

Don't Forget About NFTs! USPTO and USCO Issue Joint Study on the Interplay Between NFTs and Intellectual Property

Baker Donelson on

Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of "property." Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space....more

Benesch

Rethinking Copyright Law: The Case for Protecting AI-Generated Content and Rewarding Those Who Truly Know What They Want

Benesch on

Imagine a world where your deepest, unarticulated desires—those you are not even consciously aware of—are brought to life. Now, consider if simply articulating those desires in natural language is all it takes to make it...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

Farella Braun + Martel LLP

Copyright Law for Influencers and Brands: How Content Creators and Companies Hiring Them Can Navigate Copyright Law for a...

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise,...more

Venable LLP

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

Venable LLP on

With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more

Perkins Coie

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

Perkins Coie on

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

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

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

ArentFox Schiff on

As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...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

AEON Law

Jury Awards Record Damages in AI-Assisted Copyright Infringement Case

AEON Law on

A California jury has awarded a photographer reportedly the “largest maximum statutory damages verdict for photography infringement in U.S. history,” according to the photographer’s lawyer. The jury awarded $150,000 in...more

Wiley Rein LLP

Copyright Office Proposes Streamlined Registration Option for News Websites

Wiley Rein LLP on

Copyright infringement is a significant problem for operators of news websites. As any journalism organization knows, producing original news content is a costly endeavor. All too often, sophisticated and amateur infringers...more

Holland & Knight LLP

Generating a Body of Generative AI Case Law

Holland & Knight LLP on

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

Pillsbury - Internet & Social Media Law Blog

Stormy Weather on a Starry Night: The Copyright Office Refuses Another AI-Generated Work

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

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

ArentFox Schiff

Copyright Office Review Board Denies AI-Human Authorship Claim for Third Time

ArentFox Schiff on

In an opinion issued on December 11, the US Copyright Office Review Board affirmed a refusal to register a work of art created in part by generative artificial intelligence (AI), concluding that the work lacked the “human...more

Davis Wright Tremaine LLP

Appreciable or de Minimis: That Is the AI Question

As AI-generated materials are becoming more commonplace in creative works across the media landscape, content creators and distributors are seeking guidance on what information needs to be disclosed to the United States...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

Kaufman & Canoles

Registration and Ownership of AI-Generated Works

Kaufman & Canoles on

Artificial intelligence (AI) has been a prominent topic recently, especially given the technological advances and commercial realization of generative AI systems. As AI-generated content continues to proliferate the Internet,...more

Goodwin

Is It Possible to Copyright Works That Include AI-Generated Material?

Goodwin on

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

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

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