The Briefing by the IP Law Blog: Copyright Office Issues Guidance for Works Containing Material Generated by AI
Podcast: The Briefing by the IP Law Blog - Copyright Office Goes After Registration Issued to AI-Created Graphic Novel
The Briefing by the IP Law Blog: Copyright Office Goes After Registration Issued to AI-Created Graphic Novel
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Copyrights - Small Claims Process at the Copyright Office
Podcast: The Briefing by the IP Law Blog - Copyright Office Rejects Application for A.I. Created Art Work
The Briefing by the IP Law Blog: Copyright Office Rejects Application for A.I. Created Art Work
Podcast: The Briefing from the IP Law Blog - The Right to Repair and More New Exemptions
The Briefing from the IP Law Blog – DMCA: The Right to Repair and More new Exemptions
Summer must be coming, because the courts are starting to heat up with copyright decisions in artificial intelligence (AI) cases. We’ve previously written here, here, and here about Dr. Stephen Thaler’s attempts to register...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 DC Circuit has reaffirmed and reinforced longstanding Copyright Office policy that only humans can be authors....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
On March 18, the US Court of Appeals for the DC Circuit ruled that an AI model cannot be the author of copyrighted material under existing copyright law. The court affirmed the US Copyright Office’s long-standing human...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
Dr. Stephen Thaler’s attempts to obtain intellectual property protection for artificial intelligence were once again shot down by the courts, when the U.S. Court of Appeals for the District of Columbia affirmed that the...more
Key Takeaways - Non-human machines cannot be authors under the Copyright Act of 1976....more
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
On March 18, the U.S. Court of Appeals for the Federal Circuit issued a decision in the Thaler v. Perlmutter case, which confirmed the refusal of copyright registration for a work created entirely by an artificial...more
Artificial intelligence dominated this year's emerging technology updates from the U.S. Patent and Trademark Office and the U.S. Copyright Office. These agencies, among many others, were kept quite busy under the directives...more
Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...more
As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more
Stepping on Toes: The Fortnite Legal Dance Battle Victory Royale? - Not quite. In a recent opinion, the Ninth Circuit held that Fortnite’s developer Epic Games might be liable for infringing a well-known choreographer’s...more
As we near a standoff in Congress on the budget, we write to remind clients about how a government shutdown would affect patent and trademark operations at the Patent and Trademark Office (PTO), copyright operations at the...more
Addressing the issue for the first time, the US Court of Appeals for the District of Columbia found that the Copyright Act of 1976’s requirement to deposit two copies of a work with the Library of Congress within three months...more
On December 22, 2022, the US Patent & Trademark Office (PTO) announced the fifth extension of the Modified COVID-19 Prioritized Examination Pilot Program. The pilot program had been set to terminate on December 31, 2022, and...more
The Supreme Court of the United States held that lack of factual or legal knowledge can excuse an inaccuracy in a copyright registration under a safe harbor contained in the Copyright Act. As a result, an applicant’s...more
Because copyright applications are not substantively examined, unlike patent and trademark applications, obtaining a copyright registration is typically viewed as relatively easy. Indeed, only a minority of copyright...more
A recent decision from the Ninth Circuit Court of Appeals is likely to have a significant impact on both copyright infringement matters and copyright registration practices in the Ninth Circuit, if not nationwide. The case,...more
Addressing whether a copyright infringement claim should be dismissed with prejudice where the plaintiff failed to register his copyright prior to filing the lawsuit, the US Court of Appeals for the First Circuit held that...more
The US Court of Appeals for the Ninth Circuit affirmed a district court decision invalidating a copyright registration because the registration contained knowingly inaccurate information. Gold Value Int’l Textile v. Sanctuary...more