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Artificial Intelligence Intellectual Property Protection Corporate Counsel

DLA Piper

A Chinese Court Finds That AI-generated Images Are Not Protected by Copyright: The Zhangjiagang People’s Court and the ‘Butterfly...

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We previously wrote about a Chinese court decision that protected the copyright of AI-generated images in the ‘half heart’ case. However, in a recent case, the Zhangjiagang People’s Court (in China’s Jiangsu province) denied...more

Perkins Coie

Delayed EU Code of Practice Provides Compliance Framework for General-Purpose AI Models

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Key Takeaways - - The European Commission published its Code of Practice for General-Purpose AI (GPAI) Models on July 10, 2025, following three draft versions and just weeks before the first AI Act obligations take effect....more

Stikeman Elliott LLP

Left on the Sidelines: The Canadian Patent Appeal Board Rules that Artificial Intelligence Cannot Hold Inventorship Status

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Whether AI can be an “inventor” was the key issue in an important recent ruling of the Canadian Patent Appeal Board (the “PAB”). In Thaler, Stephen L. (Re), 2025 CACP 8, the PAB had to decide whether Canadian Patent...more

Miller Canfield

The Art (and Legality) of Imitation: Navigating the Murky Waters of Fair Use in AI Training

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As generative AI technology advances, the legal battles over the use of copyrighted materials for training these models are heating up. In the first wave of lawsuits the courts have diverged in their approach to fair use as a...more

Ballard Spahr LLP

From Input to Impact: The Market Harm Standard Emerging in AI Fair Use

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Another federal court recently ruled that using copyrighted books to train artificial intelligence (AI) systems can qualify as fair use under the U.S. Copyright Act. This time, the court said that, because the issue of market...more

Baker Botts L.L.P.

EU Releases General-Purpose AI Code of Practice

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On July 10, 2025, the EU published its Code of Practice for General-Purpose AI Models, a comprehensive, though not exhaustive, framework designed to guide Artificial Intelligence ("AI") providers in complying with the...more

Falcon Rappaport & Berkman LLP

Getty Images vs. Stability AI: The Landmark Copyright Battle Shaping The Future of Generative AI

Getty Images, a well-known visual media company and supplier of stock images, is facing off against a London-based artificial intelligence company, Stability AI, in what is considered to be the first major copyright trial of...more

DLA Piper

Copyrightability of genAI Outputs in the US: Key Developments

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Key takeaways from the US Copyright Office’s Copyrightability Report and the DC Circuit’s March 2025 Thaler decision - On January 29, 2025, the US Copyright Office issued Copyright and Artificial Intelligence, Part 2:...more

McCarter & English, LLP

Paradise Lost: DC Circuit Affirms AI Has No Soul

Is copyright limited to human authorship? Or, may artificial intelligence create a work of art or write a novel that qualifies for copyright protection? Recently a federal appeals court concluded that only humans are entitled...more

Littler

Considerations for Artificial Intelligence Policies in the Workplace

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In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many...more

Polsinelli

AI for GCs: What You Need to Know in 2025

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During the course of 2024, interest in generative and other types of artificial intelligence, machine learning and predictive applications and services (collectively, AI) accelerated across industries. Some sectors, such as...more

Goodwin

Court Rejects Fair Use Defense in AI Copyright Case

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A federal district court in Delaware has issued the first AI copyright fair use decision on the merits, granting partial summary judgment for copyright owner Thomson Reuters on copyright infringement and rejecting defendant...more

BakerHostetler

What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI

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The first 24 hours of punditry on Judge Stephanos Bibas’s summary judgment of no fair use in Thomson Reuters v. Ross Intelligence, Inc., Case 1:20-cv-00613-SB (D. Del.), has largely oscillated between predictions that the...more

Ward and Smith, P.A.

The Five Foundations of Artificial Intelligence for In-House Counsel, Part 1

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During their annual In-House Counsel Seminar, Ward and Smith Certified AI Governance Professional and privacy and data security attorney Angela Doughty provided a comprehensive overview of the potential impacts of the use of...more

Baker Botts L.L.P.

Copyright Office Releases Part 2 of Artificial Intelligence Report

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On January 29, 2025, the U.S. Copyright Office issued part two of it's report on Artificial Intelligence ("AI") which addresses the topic of “copyrightability” as it relates to AI. This report follows an extensive initiative...more

Herbert Smith Freehills Kramer

The Road Ahead: The USPTO Launches Five-Part Artificial Intelligence Strategy

The U.S. Patent and Trademark Office (USPTO) debuted its 2025 Artificial Intelligence Strategy (AI Strategy) policy on Jan. 14, 2025, outlining its vision for using and promoting the development of artificial intelligence...more

Ropes & Gray LLP

Expected Changes to IP Policy under the Second Trump Administration

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Intellectual property (“IP”) policy does not weigh heavily on most voters’ minds, and so is not often addressed in presidential campaigns. This past campaign was no different – President-elect Donald Trump did not expressly...more

Fish & Richardson

Protecting Innovation in an AI-Powered Age: Patents

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With the advent of generative artificial intelligence (or “GenAI”), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological...more

ArentFox Schiff

New Lawsuits Targeting Personalized AI Chatbots Highlight Need for AI Quality Assurance and Safety Standards

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The parents of two Texas children recently brought a lawsuit against Character Technologies, Inc., alleging that its chatbot, Character.AI, encouraged self-harm, violence, and provided sexual content to their children. They...more

MoFo Tech

Dirty Data Damaging Deals – Data Issues in AI M&A

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2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Decisions on Whether AI Training Violates the Digital Millennium Copyright Act

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Orrick, Herrington & Sutcliffe LLP

First Significant EU Decision Concerning Data Mining and Dataset Creation to Train Artificial Intelligence

A court in Hamburg, Germany, has decided a copyright infringement case in a way that sheds light on how European courts may apply the text and data mining (TDM) exemption to AI model developers. The exemption is contained in...more

Venable LLP

DMCA Question Certified for Appellate Court in Action Involving Artificial Intelligence

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On September 27, 2024, in J. Doe 1 v. Github, Inc., 22-cv-06823-JST, the U.S. District Court for the Northern District of California certified an order dismissing Plaintiffs' claims under Section 1202(b) of the Digital...more

Fenwick & West LLP

False Claims of Patent Protection Can Be False Advertising Under Lanham Act

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Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more

Venable LLP

USPTO and Copyright Office Basics on Applying for and Registering AI-Assisted Material

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

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