Anisa Noorassa on Copyright

Assessing Inputs: Determining AI’s Role in US Intellectual Property Protections

The US Patent & Trademark Office (PTO) issued additional guidance on the contribution of artificial intelligence (AI) in its January 2025 AI Strategy. Similarly, the US Copyright Office issued part two of its “Copyright and...more

2/7/2025 / Artificial Intelligence , Copyright , Copyright Office , Government Agencies , Innovative Technology , Intellectual Property Protection , Inventions , Machine Learning , Patents , Regulatory Agenda , Technology , Trademarks , USPTO

Even Free Libraries Come With a Cost

The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the...more

9/12/2024 / Appeals , Copyright , Copyright Infringement , Copyright Litigation , e-Books , Fair Use , Intellectual Property Protection , IP License , Licensing Rules , The Copyright Act

What Do You Meme? TFW Commercial Use Outweighs Fair Use

The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in...more

6/20/2024 / Appeals , Copyright , Copyright Infringement , Copyright Litigation , Damages , Fair Use , Implied License , Intellectual Property Protection , Internet Memes , Political Campaigns

Artificial Inspiration? Style Execution by AI Obviates Human Authorship

The US Copyright Office Review Board rejected a request to register artwork made using an artificial intelligence (AI) painting application, finding that the applicant “exerted insufficient creative control” over the...more

12/22/2023 / Artificial Intelligence , Authorship , Copyright , Copyright Litigation , Copyright Office Review Board (CORB) , Intellectual Property Protection , Machine Learning , Refusal to File

Off the Charts: Derivative Work Copyright Registers All Material in Derivative Work

In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’...more

7/27/2023 / Appeals , Copyright , Copyright Infringement , Copyright Litigation , Derivative Works , Jury Verdicts , Reversal , Summary Judgment , Vacated

Lanham Act Liability May Apply to Copyrighted Material

The US Court of Appeals for the Ninth Circuit found that liability under the Copyright Act and liability under the Lanham Act are not mutually exclusive and that liability under the Copyright Act does not negate trade dress...more

6/8/2023 / Appeals , Attorney's Fees , Copyright , Damages , Functionality , Lanham Act , Liability , Likelihood of Confusion , The Copyright Act , Trade Dress

Not Today, HAL: Copyright Still Requires Human Input

The US Copyright Office (USCO) issued a policy statement on March 16, 2023, clarifying its position on the use of artificial intelligence (AI) in copyrighted materials. This statement came in the wake of the USCO’s recent...more

3/23/2023 / Artificial Intelligence , Authorship , Copyright , Copyright Applications , Copyright Office , Copyright Registration , Intellectual Property Protection , Machine Learning , New Guidance , Patent Applicants , Photographs , Policy Statement

2022 IP Outlook Report: The Developments Shaping Copyright Law

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - Like so many things in 2021, a few long-awaited copyright developments have spilled into 2022, with anticipated amendments to key provisions in the Digital Millennium Copyright Act...more

2/22/2022 / Copyright , Copyright Infringement , Copyright Litigation , Corporate Counsel , Fair Use , Intellectual Property Protection , Proposed Amendments , The Copyright Act

Anisa Noorassa

McDermott Will & Schulte

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