News & Analysis as of August 14, 2025

Copyright Office

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

DC Circuit Court Rules AI Cannot be Author of Copyrighted Work, and NIST Finalizes AI Report — AI: The Washington Report

Mintz - Antitrust Viewpoints on 3/31/2025

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

Artificial Intelligence Presents Challenges for Intellectual Property Laws’ Focus on Human Creation

Benesch on 3/25/2024

Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more

The Pros And Cons Of Protecting AI As Trade Secrets

Rothwell, Figg, Ernst & Manbeck, P.C. on 3/5/2024

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more

Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States

Sheppard Mullin Richter & Hampton LLP on 12/4/2023

In a decision issued November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship...more

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Sheppard Mullin Richter & Hampton LLP on 10/4/2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more

Resource Guide for the Copyright Office Artificial Intelligence Initiative

Sheppard Mullin Richter & Hampton LLP on 10/4/2023

Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...more

Balancing Artificial Intelligence and Intellectual Property: Human Authorship a “Bedrock Requirement of Copyright”

Haug Partners LLP on 9/11/2023

Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or political ads that will soon infiltrate our airwaves, artificial...more

Copyrightability of AI-Generated Works

Faegre Drinker Biddle & Reath LLP on 3/21/2023

In recent months, we have been saturated with media coverage involving artificial intelligence (“AI”). Almost daily there are articles about AI platforms including DALL-E, Midjourney, Stable Diffusion and ChatGPT,...more

Hidden Layers Between AI & Patent Policy: Global Patent Office Policy Considerations and Perspectives

Foley & Lardner LLP on 4/9/2020

With the ever increasing adoption of AI technology, no industry will unlikely be left untouched by Artificial Intelligence in the coming years. The worldwide spending on AI systems is estimated to increase as much as 100...more

When Innovation Creates: Additional Developments in Artificial Intelligence at the U.S. Patent and Trademark Office

Jones Day on 11/26/2019

The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more

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