On August 28, 2023, two photographers engaged the legal community by filing a petition for rehearing en banc in the Ninth Circuit, challenging a controversial area of copyright law that directly impacts how content is shared on the internet. Their move was in response to the recent Ninth Circuit decision made in the case of…
In a recent landmark case, Stephen Thaler’s appeal of U.S. Copyright Office’s refusal to register a piece of art generated by his artificial intelligence (AI), labeled “Creativity Intelligence,” was rejected on August 21, 2023. The ruling was given by the U.S. District Judge Beryl A. Howell, who agreed with the Copyright Office’s stance that a…
In a significant ruling that may inspire fierce debates about the nature of authorship in the age of artificial intelligence (AI), the US District Court for the District of Columbia held on August 18, 2023, that works generated completely by AI systems lack eligibility for US copyright protection. This is a clear finding that the…
In an industry that is pushing the boundaries of technology and artificial intelligence (AI), a significant legal ruling has occurred. In Thaler v. Perlmutter, 22-cv-01564-BAH, a federal District Court in the District of Columbia clarified on August 18, 2023, that United States copyright law only protects work created by humans. The assertion is clear: AI…
Understanding the basics of copyright law is critical in avoiding costly legal issues down the line. The world of intellectual property can be a labyrinth, and when it comes to the specific intricacies of copyright law, mess-ups can potentially cost firms millions in lawsuits. Leaning into this crucial topic, Bricker Graydon LLP is hosting a…
In a recent development for the legal landscape of artificial intelligence (AI), the D.C. district court ruled affirmatively on the U.S. Copyright Office’s standpoint that a completely AI-generated work is ineligible for copyright protection. The case in focus is Stephen Thaler v. Shira Perlmutter and The United States Copyright Office (1:22-cv-01564), and the ruling was…
In recent years, the impact of artificial intelligence (AI) on various sectors has been significantly felt. Among the myriad of questions posed by AI, one stands out in the international copyright law domain: Can works created solely by AI be copyrighted? Addressing this issue, the D.C. District Court, one of the first to examine this…
In a recent landmark decision, the US District Court for the District of Columbia weighed in on the nuanced interpretation of copyright laws pertaining to AI-generated works. On August 18, 2023, Judge Beryl A. Howell issued a ruling in the case of Thaler v. Perlmutter et al., asserting that works generated entirely by artificial intelligence…
In our rapidly evolving digital landscape, the intersection of artificial intelligence (AI) systems and intellectual property law is becoming an increasingly compelling area of discourse. The discourse particularly involves the application of AI, specifically text and image generators, in relation to copyright laws. The central question being debated is whether copyrights can be employed to…
Generative artificial intelligence (AI) is a burgeoning technology that is reshaping lives and workplaces globally. For example, ChatGPT, a user-friendly AI developed by OpenAI, achieved an impressive user base of 100 million monthly active users within just two months of its public launch. Other generative AI models like Canna-GPT, Github Copilot, and DALL-E are proving…
On August 18, 2023, a pivotal ruling in the realm of Artificial Intelligence (AI) and intellectual property reinforcement was made by the U.S. District Court for the District of Columbia. This case saw the court grant summary judgment in favor of the Copyright Office in Thaler v. Perlmutter, concluding that the office did not act…
In a recent case that has implications for corporate attorneys around the world, the U.S. District Court for the District of Columbia issued a ruling that only human-authored works qualify for copyright protection under U.S. law. The court sided with the United States Copyright Office in a decision that affirmed works created entirely by artificial…
In a landmark ruling, a judge has stated that works generated by artificial intelligence (AI) are not eligible for copyright protection. This decision, delivered on August 18, 2023, could bear significant implications for the legal protections extended to AI-created works, as reported by JD Supra. Artificial intelligence’s role in creating content, from visual artistry to…
The advent of ChatGPT last year and subsequent acceleration of generative AI technologies have encompassed the legal departments of corporations worldwide. In-house lawyers have found themselves challenged with the task of devising appropriate governance for the use of this new tech, with primary concerns centered around the protection of confidential business and customer data, and…
In a recent advancement within the AI legal landscape, a D.C. federal judge has ruled that AI-generated artwork cannot be copyrighted. The Verge reports that the plaintiff, Stephen Thaler, utilized his own algorithm to create the debated artwork, further blurring the line between artist and AI. Renowned firm ArentFox Schiff recently issued a comprehensive legal…
Artificial Intelligence (AI) and creativity in the digital age; where does copyright law stand? If you’ve been tracking this intriguing intersection of technology and law, you must have come across the recent Thaler v. Register of Copyrights case. The decision of this case, handed down by the US District Court for the District of Columbia,…
In a recent decision, the US Court of Appeals for the Eighth Circuit affirmed a lower court’s ruling that there was no actionable infringement where an uncompleted building, sold under the authority of a bankruptcy court, was later completed (Cornice & Rose International, LLC v. Four Keys, LLC et al., Case No. 22-1976 (8th Cir….
For years, Stephen Thaler has been battling legal systems in his quest to acquire patents and copyrights for works created by his Artificial Intelligence (AI) systems. Despite a series of failures, Thaler remains undeterred, continuing to pursue this unconventional litigation journey. Recently, Thaler attempted to sue the Copyright Office and the Register of Copyrights, Shira…
The International Trade Commission (ITC) has become an increasingly significant venue for the resolution of intellectual property disputes. On September 13, 2023, at 1:00 PM (EDT), Directors Uma N. Everett, Paul A. Ainsworth, and Josephine Kim will offer a webinar titled “Strategic Use of the ITC as a Complainant”. During this webinar, the trio will…
The landscape of the US legal system underwent a subtle but crucial shift following a recent decision by the US Court of Appeals for the Seventh Circuit. The event concerns an incident where a change in law led to the dismissal of a case, which thereafter posed an intriguing question – is a ‘prevailing defendant’…
Douglas Clark, the former head of global disputes practice at U.K. intellectual property firm Rouse, is slated to join Hong Kong’s independent law firm Tanner De Witt. Come September 1, he is set to commence his role as a partner, with plans to build its intellectual property practice whilst assisting in the expansion of its…
Over the summer, several lawsuits have been filed against OpenAI on grounds of privacy violation and copyright infringement. The allegations suggest that the company used several copyrighted works while developing their large language models. These litigations are considered to be the first among many that will likely emerge, and it’s unlikely that OpenAI’s large language…
In recent legal news, optimism appears to be sprouting faint tendrils around the current perception of the Supreme Court. Amid ongoing debates about its current state, proponents argue that this may not, in fact, be its absolute lowest point. Declines are always accompanied by the promise of possible recovery, and hence there is cause for…
In a recent decision scrutinized by legal circles, the U.S. Court of Appeals for the Seventh Circuit overturned a district court’s refusal to award attorney fees to defendants who had successfully defended allegations of copyright infringement. The Court of Appeals determined that the district court’s resolution strayed from the law, and the defendants were, in…
Yesterday, BuzzFeed and Vox Media were served with a copyright infringement lawsuit concerning the unauthorized use of an image depicting the NFL’s first openly gay, full-time female coach. The claim of copyright violation stems from allegations that the media outlets used this photo without securing the required licensing rights from the professional photographer who created…