A New York court just decided some important preliminary motions (which I previously covered here in this post) involving allegedly unauthorized AI cloning of voice actors. The court reached a split decision, concluding...more
For many reasons, existing open source licenses are not a good fit for AI. Simply put, AI involves more than just software and most open source licenses are designed primarily for software. Much work has been done by many...more
The Copyright Office released a “Pre-publication” version of Part 3 of its Report on Copyright and AI. Coincidentally (?) Shira Perlmuter, the Register of Copyrights, was fired amid a shakeup at the Copyright Office. The...more
5/12/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Fair Use ,
Machine Learning ,
New Guidance ,
Regulatory Oversight ,
Technology ,
Transformative Use
We previously reported on the groundbreaking AI Fair Use ruling in the Thomson Reuters Ross Intelligence case, where the court found that based on the facts of this case fair use was not a defense. Ross Intelligence moved,...more
The power of large language models (LLMs) that enables generative AI derives from vast quantities of data. Much of this data comes from scraping all forms of content from the internet. Despite the benefits, this practice...more
In one of the most closely-watched copyright cases this year, a Delaware court rejected defendant, ROSS Intelligence’s (“ROSS”), fair use and other defenses by vacating its previous stance and granting summary judgement in...more
2/12/2025
/ Artificial Intelligence ,
Competition ,
Copyright ,
Copyright Infringement ,
Data Collection ,
Fair Use ,
Intellectual Property Litigation ,
Legal Technology ,
Machine Learning ,
Software ,
Technology Sector
Defendant Lovo has moved to dismiss an amended complaint alleging that the voice actor Plaintiffs’ voices were unlawfully cloned by Defendant Lovo’s AI Voice Generator. Plaintiffs allege that Lovo’s CEO stated on a podcast...more
12/13/2024
/ Advertising ,
Amended Complaints ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
False Advertising ,
Intellectual Property Protection ,
Lanham Act ,
Misappropriation ,
Motion to Dismiss ,
Name and Likeness
In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more
We have previously reported on the Jobiak case which raises the interesting issue of whether an AI-scraped job database is subject to copyright protection and is infringed. We were hoping that the court would make substantive...more
11/4/2024
/ Artificial Intelligence ,
Automation Systems ,
Bots ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright ,
Copyright Infringement ,
Dismissals ,
DMCA ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Intellectual Property Protection ,
Leave to Amend ,
Machine Learning ,
Penal Code ,
Personal Jurisdiction ,
Technology ,
Unfair Competition ,
Web Scraping
The United States Patent and Trademark Office (USPTO) is holding a roundtable discussion, on August 5, 2024, about the intersection of AI technology and legal protections for individuals’ reputations and name, image, voice,...more
7/30/2024
/ Artificial Intelligence ,
Copyright ,
Digital Media ,
Federal Register ,
Intellectual Property Protection ,
Name and Likeness ,
Regulatory Requirements ,
Right of Publicity ,
Roundtable ,
Technology ,
Trademarks ,
USPTO
The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more
We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its...more
A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?...more
According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The...more
5/8/2024
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Deep Fake ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Permanent Injunctions ,
Technology
The AI landscape is rapidly changing. To keep you up to date on the fast breaking legal updates in the AI space, we will be providing weekly updates summarizing significant news and legal developments, ranging from AI...more
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more
3/13/2024
/ Consumer Confusion ,
Copyright ,
Copyright Office ,
Copyright Ownership ,
DMCA ,
Intellectual Property Protection ,
Legislative Agendas ,
Non-Fungible Tokens (NFTs) ,
Patent Ownership ,
Patents ,
Popular ,
Technology Sector ,
Trademark Infringement ,
Trademark Ownership ,
Trademarks ,
USPTO
A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models...more
The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises...more
11/10/2023
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Enforcement ,
Executive Orders ,
Information Sharing ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Machine Learning ,
Strategic Planning ,
Technology Sector
The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more
10/4/2023
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance ,
Popular
Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...more
10/4/2023
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance ,
Popular
While you were asking ChatGPT to create a 3-course menu for the upcoming book club you’re hosting or to explain the Rule Against Perpetuities, several federal government agencies announced initiatives related to the use of...more
5/1/2023
/ Artificial Intelligence ,
Automated Systems ,
Bots ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Infringement ,
Machine Learning ,
NIST ,
Open Source Software ,
Patents ,
Rule Against Perpetuities ,
Technology Sector
Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes...more
The Court of Appeals for the Federal Circuit (CAFC) affirmed a district court ruling that the asserted nonliteral elements of a software program were not copyright protectable, in part, because allegedly copied materials...more
Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in...more
On March 16, 2023, the U. S. Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated...more