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Feeling Disillusioned with AI? You’re Not Alone
In a significant development for the field of artificial intelligence and copyright law, the U.S. District Court for the Northern District of California has issued a ruling in a case brought by a group of authors against AI...more
Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can...more
In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more
The recent decision in Thaler v. Perlmutter et al., No. 23-5233 (D.C. Cir. 2025) offers continued guidance on whether “authorship” can be attributed to AI systems (i.e., non-humans) under Copyright Law. The D.C. Circuit...more
Last week, the D.C. Circuit upheld the Copyright Office’s refusal to register the copyright in this image, which was created entirely by AI. This is consistent with longstanding precedent (in the US, at least) that only...more
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 March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) ruled in Thaler v. Perlmutter, affirming that works created solely by artificial intelligence (“AI”) cannot be...more
The US Court of Appeals for the District of Columbia upheld a district court ruling that affirmed the US Copyright Office’s (CO) denial of a copyright application for artwork created by artificial intelligence (AI),...more
AT A GLANCE - On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed decisions by a lower court and the United States Copyright Office that human authorship is required to...more
On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more
Artificial intelligence ("AI") raises unique challenges in the context of copyright law. To address and clarify various issues arising at the intersection of AI and copyright, the U.S. Copyright Office ("Office") is in the...more
The U.S. Copyright Office’s January 2025 report on AI and copyrightability reaffirms the longstanding principle that copyright protection is reserved for works of human authorship. Outputs created entirely by generative...more
The United States Patent and Trademark Office (USPTO) has released a strategy document outlining organizational initiatives, trends, and goals relating to artificial intelligence (AI). The USPTO Artificial Intelligence...more
Two years ago, the Colorado State Fair’s annual art competition sparked controversy after awarding a blue ribbon to a work generated in part by A.I. Jason Allen, the artist responsible for the work, said at the time, “I won,...more
Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more
On July 17, 2024, the U.S. Patent Office issued additional guidance regarding patentability and inventorship concerns relating to Artificial Intelligence. This guidance expands upon prior guidelines, as discussed in a...more
At the risk of stating the obvious, we are still in the early days of what we believe to be an “AI Revolution” in the way that goods and services, including legal services, are and will be provided. That means that we do not,...more
As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more
Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more
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
Kilpatrick’s Dan Englander and James Trigg recently presented to clients and colleagues on the topic of “Using Generative AI in an IP-Driven Business: Practical Tips and Legal Risks” at the firm’s annual 2024 Advanced...more
2023 was a breakout year for generative artificial intelligence (AI), but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the...more
Delve into the new WGA and SAG contract provisions relating to AI. Scott Hervey and Jamie Lincenberg tackle the terms and changes in this installment of "The Briefing" by Weintraub Tobin....more
In this episode of Trending Now - An IP Podcast, Amy Pruett and Courtney Reigel focus on recent cases and related guidance regarding the use of training datasets for AI models and how the process is impacting creators,...more
AI technologies bring several new business opportunities, but they also bring a host of new legal questions, including in intellectual property law. A very important question at the intersection of AI and IP is: how do we...more