Tag: artificial intelligence

Intellectual Property

The Copyright Office Report on AI and Fair Use: A Generative Controversy

Written by James D. Berkley Amidst a level of intrigue rare to the Library of Congress and U.S. Copyright Office, on Friday, May 9, the Copyright Office released a detailed 108-page report containing its most extended discussion of how copyright law applies to the so-called “training” of generative artificial intelligence (better known as “generative AI”). Generative AI is the rapidly developing field exemplified by products … Continue reading The Copyright Office Report on AI and Fair Use: A Generative Controversy

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Intellectual Property

Court Unplugs AI Fair Use Defense, But Context Is Key

Written by Mark Humphrey Yesterday, the United States District Court for the District of Delaware became the first court in the United States to issue a substantive decision on whether using copyrighted material to “train” an artificial intelligence (AI) tool is protected by the fair use doctrine, finding that fair use did not apply under a rather unique set of facts. Thomson Reuters Enterprise Centre … Continue reading Court Unplugs AI Fair Use Defense, But Context Is Key

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artificial intelligence, Labor & Employment

U.S. Department of Labor Issues Helpful Guidance on Employers’ Use of Artificial Intelligence in the Workplace

Written by Jeremy Mittman and Talya Seidman Cytryn Recently, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued guidance on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated systems in the workplace. Field Assistance Bulletin (FAB) No. 2024-1 warns employers that using these technologies can run afoul of the Fair Labor Standards Act (FLSA) and … Continue reading U.S. Department of Labor Issues Helpful Guidance on Employers’ Use of Artificial Intelligence in the Workplace

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Intellectual Property

Not-So-Starry Night for Copyright Applicant: Copyright Office Again Refuses To Register an AI-Generated Image

Written by Mark C. Humphrey On December 11, 2023, the U.S. Copyright Office’s Review Board rejected Ankit Sahni’s request for reconsideration of the Copyright Office’s earlier refusal to register an image created using generative AI. The Office found that the image was created using generative AI software and lacked sufficient human authorship to support registration. This is at least the fourth documented rejection on these … Continue reading Not-So-Starry Night for Copyright Applicant: Copyright Office Again Refuses To Register an AI-Generated Image

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Intellectual Property

Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

Written by Robert H. Rotstein and Eleanor M. Lackman On September 25, 2023, Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit, sitting by designation in the District of Delaware, issued an opinion addressing the potential liability of an artificial intelligence startup for training its program using a copyrighted database.  Thomson Reuters Enterprise Centre Gmbh, et al. v. Ross Intelligence Inc., … Continue reading Of Artificial Intelligence and Untidy Facts: Federal District Court Denies Summary Judgment in AI Copyright Case

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Intellectual Property

D.C. Federal Court Says Copyright Office Properly Denied Registration to Artwork Claimed to Be Generated by Artificial Intelligence

Written by James D. Berkley On August 18, 2023, a U.S. federal court for the first time addressed the copyright registrability of works claimed to be generated by computer-based artificial intelligence (“AI”). In Thaler v. Perlmutter, No. 22-1564 (D.D.C. August 18, 2023), Judge Beryl A. Howell ruled that the United States Copyright office had properly denied copyright registration to plaintiff Stephen Thaler, a scientist and … Continue reading D.C. Federal Court Says Copyright Office Properly Denied Registration to Artwork Claimed to Be Generated by Artificial Intelligence

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Intellectual Property

AI and Copyright Law: U.S. Copyright Office Announces Public Webinar

Generative Artificial Intelligence (AI) raises many fundamental copyright law questions about copyrightability, ownership, rights and enforcement. In light of the myriad questions that AI raises in the copyright world, we are excited to share an upcoming webinar that may be of great interest. The U.S. Copyright Office has announced a free virtual, public webinar on June 28, 2023 at 2pm ET, focused on the current … Continue reading AI and Copyright Law: U.S. Copyright Office Announces Public Webinar

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Intellectual Property

Fair Use of “Foul Play”?  SDNY Judge Says No!

Written by Tiana A. Bey In Hachette Book Group, Inc. v. Internet Archive, No. 20-CV-4160 (JGK), 2023 WL 2623787 (S.D.N.Y. Mar. 24, 2023), Judge John G. Koeltl ruled that the “digital lending library” operated by Defendant Internet Archive (“IA”) infringed copyrights owned by the Plaintiffs in books that IA had reproduced and distributed to the public on the theory that it could run an “emergency … Continue reading Fair Use of “Foul Play”?  SDNY Judge Says No!

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Intellectual Property

Copyright Office Offers New Guidance for Registering Works Using AI-Generated Materials

Written by Robert H. Rotstein and James Berkley Today (March 16, 2023), the U.S. Copyright Office issued a statement clarifying its practices for examining and registering works containing material generated through use of artificial intelligence (“AI”) technology.  Published in the Federal Register, and available at this link, the statement offers public guidance for registration of works that embody, either wholly or in part, materials generated … Continue reading Copyright Office Offers New Guidance for Registering Works Using AI-Generated Materials

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