On February 11, 2025, a U.S. District Court in Delaware issued a decision of first impression finding that a technology startup’s use of copyrighted materials to train its artificial intelligence platform infringed the copyright holder’s rights and did not constitute fair use.[1] The Delaware District Court is the first to decide on a
On January 29, 2025, the U.S. Copyright Office released Part Two of its planned reports on the intersection between copyright and generative Artificial Intelligence (“AI”). Titled “Part 2: Copyrightability,” the Report addresses a hot issue—the extent to which AI-generated outputs are entitled to copyright protection. The Report, after examining the existing legal framework—under which only
A lawsuit pending before Judge J. Paul Oetken of the District Court for the Southern District of New York may soon underscore the need to rethink the legal remedies available for potential legal violations aided by generative Artificial Intelligence (“AI”).[1] As discussed previously on this blog, in July 2024, the U.S. Copyright Office
On December 16, 2024, Shira Perlmutter, head of the U.S. Copyright Office,[1] provided the relevant subcommittees of the Senate and House Judiciary Committees with an update on the Copyright Office’s ambitious investigation into the intersection of generative Artificial Intelligence (“AI”) and copyright law and policy.[2]
In August 2023, as we reported previously on
On July 31, 2024, the U.S. Copyright Office issued the first of several planned reports on the intersection between copyright and generative Artificial Intelligence (“AI”), following a lengthy period of public comment, during which it received more than 10,300 comments, discussed previously on this blog. Titled “Part 1: Digital Replicas,” the first report (the “Report”)
Generative Artificial Intelligence (AI) tools—defined by the U.S. Copyright Office as technology that is “capable of producing outputs such as text, images, video, or audio (including emulating a human voice) that would be considered copyrightable if created by a human author”[1]—are trained by analyzing vast amounts of data, which may (and often do)