There are many factors to consider when assisting clients with assessing the use of artificial intelligence (AI) tools in an organization and developing and implementing an AI Governance Program. Although adopting an AI Governance Program is a no-brainer, no form of a governance program is insufficient. Each organization has to evaluate how it will use
Human Authorship Required: AI Isn’t an Author Under Copyright Act
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), reaffirming that human authorship is necessary for copyright registration. Thaler v. Perlmutter, Case No. 23-5233 (D.C. Cir. Mar. 18, 2025) (Millett,
Pubblicato dall’EPO il Patent Index 2024: l’Italia frena nella crescita della brevettazione, ma rimane protagonista nel deposito di brevetti europei con effetto unitario
L’Ufficio Europeo dei Brevetti (European Patent Office – EPO) ha pubblicato il Patent Index 2024, che analizza l’andamento nel corso dell’ultimo anno delle domande di brevetto presentate nell’Unione Europea.
Il numero di domande di brevetto depositate presso l’EPO nel 2024 è stato pari a 199.264, mantenendosi su livelli elevati e sostanzialmente stabili rispetto
DC Circuit Holds That AI Systems Are Not “Authors” for Purposes of Copyright
As generative artificial intelligence (AI) capabilities advance, courts and the U.S. Copyright Office have grappled with the issue of who, or what—if anyone—owns the copyrights in works generated by AI systems. Fundamental questions have focused on whether copyright requires human authorship and, if so, whether works created solely through the use of AI possess sufficient
Thaler v. Perlmutter Further Confirms Human Authorship Required for Copyright Protection
On March 18, 2025, the United States Court of Appeals for the District of Columbia affirmed the lower court’s decision to deny copyright registration for an AI-generated artwork where the AI was listed as the sole author. The court relied on a longstanding interpretation of the Copyright Act, which requires that a copyrightable work must
The Colorado Artificial Intelligence Act (CAIA): Compliance Insights for Businesses
Eventually, the federal government will pass an artificial intelligence law, which will likely trump and preempt state laws. In the meantime, many states are implementing their artificial intelligence regulations and laws. We expect this trend to continue. If you have any questions concerning these acts or compliance with new AI regulations, contact one of our
AI Governance: The Problem of Shadow AI
If you hang out with CISOs like I do, shadow IT has always been a difficult problem. Shadow IT refers to refers to “information technology (IT) systems deployed by departments other than the central IT department, to bypass limitations and restrictions that have been imposed by central information systems. While it can promote innovation and
DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for Another Day
Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the author of the work. However, the D.C. Circuit refrained from saying more for now, leaving
AppLovin & Its AI: A Lesson in Accuracy
Last week, we explored a recent data breach class action and the litigation risk of such lawsuits. Companies need to be aware of litigation risk not only arising from data breaches, but also from shareholder class actions related to privacy concerns.
On March 5, 2025, a class action securities lawsuit was filed against AppLovin Corporation
Skin360 App Can’t Escape Scrutiny under Illinois Biometric Law
A federal district court has denied a motion by Johnson & Johnson Consumer Inc. (JJCI) to dismiss a second amended complaint alleging it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing biometric information through its Neutrogena Skin 360 beauty app without consumers’ informed consent or knowledge. The plaintiffs also allege that