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Many of us remember the case of Naruto, a crested macaque who, perhaps accidentally, took a selfie using a camera placed in the field by a wildlife photographer. If we were interested in copyright law, this case naturally...more
The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more
The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created...more
The threshold issue of human authorship as a prerequisite for obtaining copyright registration at the US Copyright Office is currently being litigated in federal court in the District of Columbia. In August 2023, the US...more
With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...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
There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. The Beijing Internet Court has ruled that a plaintiff who used...more
Artificial Intelligence (AI) is one of the hottest topics in technology, with businesses studying how to utilize its benefits and at least some workers wondering if smarter and cheaper AI technologies will replace them. Here...more
Lately, we are witnessing an uptrend in the discourse over the interfaces between artificial intelligence systems, particularly text and image generators, and intellectual property law, specifically as pertains to copyrights....more
The United States Copyright Office, like other government agencies and private-sector entities, is reckoning with the implications of artificial intelligence. In February, the Office canceled an artist’s copyright...more
The US Copyright Office (USCO) issued a policy statement on March 16, 2023, clarifying its position on the use of artificial intelligence (AI) in copyrighted materials. This statement came in the wake of the USCO’s recent...more
Background on Kashtanova’s Comic Book - Digital artist Kris Kashtanova registered Zarya of the Dawn, a comic book with dazzling and dystopian imagery generated via Midjourney’s text-to-image AI model, with the U.S. Copyright...more
White & Case Tech Newsflash As we recently discussed, the rapid pace of development and adoption of artificial intelligence ("AI") technology, especially generative AI, has led to numerous questions for intellectual property...more
There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence (AI) technology. First, on February 21, 2023, the...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
In 1884, the Supreme Court upended the view that reproductions made by a machine could not qualify for copyright protection. The Court held that a “machine-made” image, meaning a photograph, titled Oscar Wilde, No. 18....more
Thank you for reading the March 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss copyright registration eligibility in relation to non-human authorship and new legislation surrounding...more