News & Analysis as of

Innovative Technology Artificial Intelligence Copyright Litigation

Houston Harbaugh, P.C.

U.S. District Judge Refuses To Dismiss Copyright Infringement Claims against Musk and Tesla®* in Blade Runner 2049 Case

Houston Harbaugh, P.C. on

AI, Sci-Fi, and Copyright Collide in Alcon Entertainment LLC v. Tesla Inc. et al., Case No. 2:24-cv-09033, in the U.S. District Court for the Central District of California. In a fascinating twist of sci-fi meets reality,...more

Jones Day

JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows

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Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can...more

J.S. Held

Evolving Landscape of Technology Rights Enforcement

J.S. Held on

Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique contributions made by global inventors and creators. Over the past half century,...more

Fox Rothschild LLP

AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

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In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more

Baker Botts L.L.P.

AI Legal Watch: March 27, 2025

Baker Botts L.L.P. on

The recent decision in Thaler v. Perlmutter et al., No. 23-5233 (D.C. Cir. 2025) offers continued guidance on whether “authorship” can be attributed to AI systems (i.e., non-humans) under Copyright Law. The D.C. Circuit...more

Foley Hoag LLP - Making Your Mark

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

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

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

Is (Copyright) Paradise Lost for A Recent Entrance to Paradise and Other AI-Generated Works?

Last week, the D.C. Circuit Court of Appeals issued its opinion in Thaler v. Perlmutter. The opinion notably solidifies the U.S. Copyright Office’s position that works generated autonomously (and thus solely) by artificial...more

McNees Wallace & Nurick LLC

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

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

McDermott Will & Emery

Human Authorship Required: AI Isn’t an Author Under Copyright Act

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The US Court of Appeals for the District of Columbia upheld a district court ruling that affirmed the US Copyright Office’s (CO) denial of a copyright application for artwork created by artificial intelligence (AI),...more

Farella Braun + Martel LLP

Injunctive Relief Is Not Yet a Viable Remedy for Copyright Infringement Claims Involving GenAI

Since a February 11, 2025 decision by Judge Stephanos Bibas finding in favor of Plaintiff Thomson Reuters on copyright infringement during the model training process in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS...more

MoFo Tech

D.C. Circuit Holds that Works Created Solely by AI are Not Copyrightable

MoFo Tech on

On March 18, 2025, the D.C. Circuit Court of Appeals affirmed the D.C. District Court’s and U.S. Copyright Office’s decisions, holding that a copyrighted work cannot be authored exclusively by an AI system. Computer...more

Jones Day

Copyrightability of AI Outputs: U.S. Copyright Office Analyzes Human Authorship Requirement

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Artificial intelligence ("AI") raises unique challenges in the context of copyright law. To address and clarify various issues arising at the intersection of AI and copyright, the U.S. Copyright Office ("Office") is in the...more

Troutman Pepper Locke

Copyright Office Advises on Copyrightability of Generative AI Works

Troutman Pepper Locke on

On January 29, the U.S. Copyright Office published the second part of a planned three-part report on copyright and artificial intelligence (AI), this time focused on the question of copyrightability for AI-generated creative...more

Furia Rubel Communications, Inc.

Can You Copyright AI-Generated Content? - On Record PR

In this episode of On Record PR, sponsored by Lawline, Jennifer Simpson Carr goes on record with Sean Douglass, associate attorney at Panitch Schwarze, to discuss the impact of AI-generated content on intellectual property...more

Baker Botts L.L.P.

Trade Secret Litigation: How Will AI Innovations Likely Be Litigated?

Baker Botts L.L.P. on

While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. With decades of legal development, it’s an essential area where companies will need to protect...more

Troutman Pepper Locke

How AI Cos. Can Cope With Shifting Copyright Landscape

Troutman Pepper Locke on

In the ever-evolving landscape of artificial intelligence development, utilizing copyrighted material for training algorithms has not only become the comedy fodder for “Saturday Night Live” cast members, but also a focal...more

Jenner & Block

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

Jenner & Block on

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

Seyfarth Shaw LLP

Authors Fight Court Order to Produce Pre-Suit Testing Data from ChatGPT in OpenAI Copyright Lawsuit

Seyfarth Shaw LLP on

Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

Robins Kaplan LLP on

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

K&L Gates LLP

Litigation Minute: The Generative AI Litigation Landscape (Generative AI Series: Part One of Three)

K&L Gates LLP on

What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and...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

Burr & Forman

The Collision of AI and Copyrights

Burr & Forman on

As artificial intelligence (AI) continues to be increasingly utilized in a wide variety of both business and consumer applications, a plethora of legal questions are being raised. Many of these questions revolve around how...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

Seyfarth Shaw LLP

Some Stability For AI Defendants: Judge Dismisses All But One Claim in Andersen et. al., v. Stability AI LTD., et. al.

Seyfarth Shaw LLP on

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

Robinson+Cole Data Privacy + Security Insider

Using AI to Replicate or Replace Human Creativity May Violate Intellectual Property Law

As artificial intelligence (AI) becomes better and more prevalent, people will increasingly use its computing power to supplement or replace human creativity. Film director Gareth Edwards attempted to do just that  in his new...more

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