Recently, major technology companies, Anthropic and Meta each secured landmark victories in separate copyright lawsuits. The companies had been sued by authors and their publishers, regarding claims that these companies’ AI models were trained on copyrighted materials without claimant’s permission, in violation of U.S. copyright law. These are the first major decisions in a series of
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AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights
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 copyright application for a AI generated picture.
This ruling has profound implications for anyone working with AI in creative…
The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright Owners
Yesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District Court for the District of Delaware by designation from the Third Circuit, held that U.S. copyright law did not permit Thomson Reuters’s now-defunct former competitor,…
Annual Super Bowl Post
My favorite blog post of the year—where I get to assess the best commercials, track the rise in ad costs, and challenge you to identify your favorite celebrity endorsement.
This year, demand for ad space was “robust” with some 30-second ad spots going for $8 million (up from around $7 million last year), according to…
Developers’ Liability for Infringing Generative-AI Outputs
The advent of generative-AI tools has brought challenging questions of accountability to the forefront, especially when those tools generate content that may infringe on someone’s copyright. Determining liability—whether it falls on the user who prompted the tool, or the company that developed the tool—is complex. As technology outpaces current legal frameworks, courts have been cautious…
USPTO’s Guidance on AI-Based Tools
Earlier this month, the United States Patent and Trademark Office (USPTO) and the United States Department of Commerce issued guidance on the use of artificial intelligence tools when practicing before the USPTO. As summarized in the USPTO’s Notice:
“The [USPTO] issues this guidance to inform practitioners and the public of the important issues that…
It’s Now or Never: The ELVIS Act Takes on AI in Music
Effective on July 1, 2024, the Ensuring Likeness Voice and Image Security (ELVIS) Act will amend Tennessee’s Personal Rights Protection Act of 1984 to explicitly include protections for songwriters, performers, and music industry professionals’ voice from misuse of artificial intelligence (AI).
It is no secret that the rapid growth of AI is a force to…
FCC Bans AI Robocalls
This past week, the Federal Communications Commission (FCC) announced in a press release that it has banned the use of AI-generated voices in robocalls. Specifically, the FCC adopted a ruling that finds calls using AI-generated voices to be classified as “artificial” under the Telephone Consumer Protection Act (TCPA). As the FCC explains on its website…