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
A recent decision by a California district court in J. Doe 1 v. GitHub, Inc., a case brought by computer programmers alleging that their works had been used to train AI models that generate computer code in violation of their...more
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
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
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
Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright...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
State securities regulators in Alabama, Kentucky, New Jersey and Texas filed coordinated enforcement actions on October 20, 2022, against Slotie NFT d/b/a slotie.com requiring the company to stop selling various Slotie...more
On July 21, 2022, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) each brought insider trading charges against a former Coinbase product manager, his brother and a close friend for using...more
7/27/2022
/ CFTC ,
Coinbase ,
Confidential Information ,
Cryptoassets ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Insider Trading ,
Material Nonpublic Information ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC)
The recent indictment of an employee of OpenSea, a prominent NFT marketplace, highlights the risk of trading digital assets based on the improper use of confidential information, even where the digital asset is not a...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