Two recent summary judgment decisions out of the Northern District of California, issued only two days apart, highlight the complexity of deciding whether the unauthorized use of copyrighted works to train large language...more
On May 19, 2025, President Trump signed into law the bipartisan “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act“ (the “Take It Down Act“ or the “Act“).
- In...more
6/10/2025
/ Consent ,
Cybersecurity ,
Data Privacy ,
Deep Fake ,
FTC Act ,
Legislative Agendas ,
Minors ,
New Legislation ,
Online Platforms ,
Privacy Laws ,
Revenge Porn ,
Technology ,
Trump Administration
On May 9, 2025, the United States Copyright Office (the USCO) released a 108-page report on whether the unauthorized use of copyrighted materials to train generative artificial intelligence (AI) systems is defensible as a...more
5/16/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Fair Use ,
Intellectual Property Protection ,
Technology ,
The Copyright Act ,
Transformative Use ,
Trump Administration
The U.S. Court of Appeals for the D.C. Circuit has affirmed a district court ruling that human authorship is a bedrock requirement to register a copyright, and that an artificial intelligence system cannot be deemed the...more
3/21/2025
/ Appeals ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Copyrightable Subject Matter ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Ownership of Works ,
Technology Sector
In an unexpected development, the judge in Thomson Reuters v. Ross Intelligence — a case concerning the use of copyrighted material to train an artificial intelligence (AI) model — reversed much of his 2023 decision denying...more
2/14/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Data Collection ,
Fair Use ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Technology ,
Thomson Reuters
The United States Copyright Office (USCO) has released its report on the copyrightability of outputs generated by artificial intelligence (AI) systems (the Report). This is the second of three reports the USCO plans to...more
Colorado has become the first state to enact a comprehensive law relating to the development and deployment of certain artificial intelligence (AI) systems. The Colorado Artificial Intelligence Act (CAIA), which will go into...more
6/24/2024
/ Artificial Intelligence ,
Colorado ,
Consumer Financial Products ,
Consumer Protection Laws ,
Cybersecurity ,
Data Privacy ,
Disclosure Requirements ,
FinTech ,
Machine Learning ,
New Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management
On April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published new guidance on the use of artificial intelligence (AI) based tools in connection with preparing and prosecuting patent and...more
5/9/2024
/ Artificial Intelligence ,
Disclosure Requirements ,
Duty to Disclose ,
Intellectual Property Protection ,
New Guidance ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patents ,
Policies and Procedures ,
Rules of Professional Conduct ,
Trademark Application ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
Copyright Office Rejects Application for AI-Generated Work Based on a Photograph --
On December 11, 2023, the Review Board of the United States Copyright Office (Board) rejected a Second Request for reconsideration with...more
Court Grants Motion To Dismiss in Kadrey AI Training Data Case -
In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more
11/27/2023
/ Artificial Intelligence ,
Authorship ,
California ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Dismissals ,
DMCA ,
Intellectual Property Protection ,
Machine Learning ,
Metadata ,
Metaverse ,
Motion to Dismiss ,
Putative Class Actions
On October 30, the U.S. government released its long-awaited, sweeping executive order (the AI EO or Order) on artificial intelligence (AI). The Order directs various U.S. government departments and agencies to evaluate AI...more
11/6/2023
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Copyright ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Executive Orders ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Life Sciences ,
Machine Learning ,
National Security ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Technology Sector
Copyright Office To Consider AI Proposal as Part of the Current DMCA Triennial Review -
A key feature of the 1998 Digital Millenium Copyright Act (DMCA) is its prohibition of circumventing access controls that have been...more
Copyright Office Rejects Application for Refusal To Disclaim AI-Generated Elements -
The U.S. Copyright Office has once again refused to register a visual work that included elements generated using artificial intelligence...more
9/15/2023
/ Artificial Intelligence ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Machine Learning ,
Technology Sector
On August 30, 2023, the U.S. Copyright Office published a notice of inquiry and request for comment (Notice) in connection with its ongoing study of the copyright law and policy issues raised by artificial intelligence (AI)....more
On August 18, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the Copyright Office in Thaler v. Perlmutter, 1 holding that the office did not act arbitrarily or capriciously or...more
Copyright Office Provides Guidance on the Registration of Works That Include AI-Generated Material -
During a June 2023 webinar, representatives of the Copyright Office provided much needed clarification and guidance on...more
8/3/2023
/ Artificial Intelligence ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Machine Learning ,
Technology Sector
A key building block of artificial intelligence (AI) large language models (LLMs) is that they are trained on vast amounts of content and data. In many cases, this content and data is amassed by running bots or other...more
As the use of artificial intelligence (AI) to generate new works has expanded rapidly, the U.S. Copyright Office has sought to keep pace by issuing guidance on the application of copyright law to such works. On April 20,...more
The expanding use of artificial intelligence (AI) programs to create content has, not surprisingly, resulted in attempts to register copyrights in AI-generated works. The Copyright Office has formally rejected two such...more
Over the last few years, there has been increasing debate surrounding the appropriate trademark classification for digital assets. The most recent edition of the Nice Classification (the 12th Edition), which took effect on...more
On November 23, 2022, the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office issued a Federal Register Notice (Notice) announcing the offices’ joint study of intellectual property (IP) issues related to...more
On June 9, 2022, Sens. Patrick Leahy (D-Vt.) and Thom Tillis (R-N.C.) sent a letter to the directors of the U.S. Patent and Trademark Office (PTO) and the U.S. Copyright Office requesting a study of intellectual property (IP)...more
This issue discusses a variety of legal, regulatory and enforcement developments in the digital asset space in the U.S. and Europe, including expanded reporting requirements for broadly defined cryptocurrency “brokers,” a...more
8/27/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
BitMEX ,
Blockchain ,
CFTC ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
FinCEN ,
Popular ,
Reporting Requirements ,
Smart Contracts
Nonfungible tokens (NFTs) have, in recent weeks, gone from a relatively obscure form of digital collectible stored on a blockchain to a virtual “gold rush” for artists, labels and other music rights owners looking for ways to...more