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On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more
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
In this episode of OnAir with Akin, lobbying and public policy partner Hans Rickhoff and senior counsel Reggie Babin lead a discussion with intellectual property partner David Vondle on intellectual property, copyright, and...more
INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more
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
[Want to listen to this episode on Apple Podcasts, Spotify, or Amazon? Use these links to do so: https://podcasts.apple.com/us/podcast/legally-contented/id1612322032 https://open.spotify.com/show/3WfCyY0cbL1Mc4SfBWbr30 ...more
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
On August 18, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the Copyright Office in Thaler v. Perlmutter, 1 holding that the office did not act arbitrarily or capriciously or...more
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
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
The U.S. Copyright Office has published copyright registration guidance on works containing material generated by artificial intelligence technology. The statement of policy clarifies its practices for examining and...more
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
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
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
According to a recent interview in December 2022, the U.S. Copyright Office (the "Office") signaled that it would focus in 2023 on "legal grey areas" surrounding copyrightability of works generated in conjunction with...more
The three-person Review Board of the U.S. Copyright Office (Board), headed by Register of Copyrights Shira Perlmutter, recently denied an application to register the copyright claimed in a visual work created by artificial...more
Background - On February 14, 2022, the Review Board of the U.S. Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for...more