2025 Summer Associate Wade Marshall contributed to this article.
Recently, two Northern District of California decisions revealed fault lines in the forming fair use terrain for GenAI copyright infringement actions. Both...more
Some of the largest movie studios have entered the fray of GenAI copyright litigation. Disney, Marvel, Lucasfilm, Twentieth Century Fox, Universal Pictures, and DreamWorks sued the image-GenAI company Midjourney, Inc. in the...more
6/16/2025
/ Artificial Intelligence ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Entertainment Industry ,
Fair Use ,
Film Industry ,
Intellectual Property Litigation ,
Machine Learning ,
Plagiarism ,
The Copyright Act ,
Willful Infringement
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
On Tuesday, February 11, a Delaware district court issued much-awaited summary-judgment decisions in Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc., No. 1:20-cv-613, potentially shaping how future...more
2/13/2025
/ Algorithms ,
Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Summary Judgment ,
Technology Sector
Since platforms like Midjourney and DALL-E became popular, using text-to-image models to generate “AI art” has surged, making it increasingly difficult to distinguish between AI-generated art and human-created works. This...more
1/22/2025
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Innovation Patent ,
Intellectual Property Protection ,
Inventors ,
Legislative Agendas ,
Machine Learning ,
Regulatory Requirements ,
Technology Sector
Navigating Inventorship of AI-Assisted Inventions: USPTO’s Guidance and Implications -
The USPTO issued guidance on AI-assisted inventions on February 13, 2024. This guidance is part of the USPTO’s ongoing efforts to address...more
1/21/2025
/ Artificial Intelligence ,
Innovation Patent ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Machine Learning ,
New Guidance ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Public Comment ,
Technology ,
USPTO
Artificial intelligence (AI) is reshaping industries, including the legal profession, with a significant impact on patent law. In 2024, the U.S. Patent and Trademark Office (USPTO) and the courts continued to address emerging...more
The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created...more
Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...more
7/25/2024
/ Appeals ,
Artificial Intelligence ,
Artistic Works ,
Authorship ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
New Guidance ,
Patent Cancellation ,
Regulatory Requirements
The relentless march of technological progress presents a unique challenge for the intellectual property (IP) landscape. Earlier this year, the United States Patent and Trademark Office (USPTO) issued a Request for Comments...more
6/17/2024
/ Artificial Intelligence ,
Authorship ,
Comment Period ,
Computer-Related Inventions ,
Innovation Patent ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patent Ownership ,
Patent-Eligible Subject Matter ,
Patents ,
Public Comment ,
USPTO
In 1884, the Supreme Court upended the view that reproductions made by a machine could not qualify for copyright protection. The Court held that a “machine-made” image, meaning a photograph, titled Oscar Wilde, No. 18....more
Thank you for reading the March 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss copyright registration eligibility in relation to non-human authorship and new legislation surrounding...more
3/30/2022
/ Artificial Intelligence ,
Authorship ,
Biopharmaceutical ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
FDA Approval ,
Intellectual Property Protection ,
Marijuana Related Businesses ,
Medical Marijuana ,
Medical Research ,
New Legislation ,
Patent Applications ,
Patent Registration ,
Patents ,
Pharmaceutical Patents ,
Photographs ,
The Copyright Act