Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the author of the work. However, the D.C. Circuit refrained from saying more for now, leaving
Fair use — a critical defense in copyright law that allows limited use of copyrighted material without permission — has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation. In a significant revision of his earlier position, Judge Stephanos Bibas in the United States District Court for the District of
As generative AI systems become increasingly sophisticated and widespread, concerns around the use of copyrighted works in their training data continue to intensify. The proposed Generative AI Copyright Disclosure Act of 2024 attempts to address this unease by introducing new transparency requirements for AI developers.
The primary goal of the
On May 9, 2024, the Supreme Court released its decision in Warner Chappell Music v. Nealy, a case with significant implications for damages available to plaintiffs in copyright infringement claims. The Court assumed, without deciding, that the discovery rule applies to copyright infringement claims. Operating under this assumption, the Court held that a copyright
In a case that pitted two sellers of construction equipment against each other — I Dig Texas, LLC v. Creager — the U.S. Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of false advertising and copyright infringement. The court had to dig deep to determine whether there was
A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures protection for “original works of authorship fixed in any tangible medium of expression” (17 U.S.C. § 102(a)). This broad definition
As artificial intelligence (AI) grows in prevalence and accessibility, it is important for employers to consider the implications of its use by their employees. One method of anticipating and quelling potential liabilities that may arise is through deploying certain internal AI policies. This article focuses on certain issues employers should strongly consider when drafting and
Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement. These lawsuits highlight the potential legal consequences industry leading AI technologies will begin to face as these technologies
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 protection attaches “immediately” upon the creation of “original works of authorship fixed in any tangible medium of expression,” provided those works meet
Comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden recently filed class-action lawsuits against Meta Platforms (parent company of Facebook) and ChatGPT maker OpenAI (backed by Microsoft Corp.) for allegedly using their copyrighted content without authorization to train artificial intelligence (AI) language models. Meta and OpenAI’s AI language models, known as large language models