AI Art Appeal’s Procedural Flaws Put Broader Ruling in Doubt

Duane Morris partner Agatha Liu is quoted in the Bloomberg Law article, “AI Art Appeal’s Procedural Flaws Put Broader Ruling in Doubt.”

An appeals court panel’s focus on procedural issues in a case involving efforts to copyright AI-generated work left attorneys concerned the judges may sidestep larger questions about how copyright law regards the emerging technology. […]

“The point of copyright protection is it should reward creativity. It should be associated with a human being, not a machine,” said Liu. “But there’s merit in claiming the creator of the machine being an author.”

Read the full article on the Bloomberg Law website.

Webinar: Where Our AI Policy Is Headed

Please join Duane Morris partner Agatha Liu and representatives from the USPTO and U.S. Copyright Office for a discussion on the development of AI policies on October 26, 2023, from 12:00 p.m. to 1:00 p.m. Pacific.

This webinar, hosted by the California Lawyers Association, will address the US Copyright Office’s and USPTO’s recent requests for public comments, which touch on several novel and hotly contested issues regarding determining how to incorporate copyrighted works in datasets used to train AI models, tracking and disclosing AI models and the input and output data of AI models, and assigning liability for outputs produced by AI models.

For more information and to register, please visit the CLA website.

Webinar: Get Smart with AI: Best Practices for Using AI in Business

Duane Morris will present Get Smart with AI: Best Practices for Using AI in Business, a webinar on the benefits, risks and mitigation strategies for using AI in business, on Tuesday, October 17, 2023, from 12:00 p.m. to 1:00 p.m. Eastern.

REGISTER

About the Program

The AI revolution has already begun. To remain competitive in the AI era, businesses must learn and adapt as quickly as AI technology does. Topics include: introduction to AI; global response to AI including relevant laws and initiatives; possible uses of AI in business; and specific AI risks and mitigation strategies for copyright and IP rights and ownership issues, privacy and security compliance, employment law compliance, scraping of business data, and other takeaways. 

Speakers

    • Sandra A. Jeskie
    • John M. Benjamin
    • Matthew C. Mousley
    • Luke P. McLoughlin
    • Jennifer M. Lantz
    • Alex W. Karasik

Learn more about the event and Duane Morris’ artificial intelligence team.

The Future of Digital Art as Training Material For Generative Artificial Intelligence Models

Before ChatGPT and other artificial intelligence (AI) large language models exploded on the scene last fall, there were AI art generators, based on many of the same technologies. Simplifying, in the context of art generation, these technologies involve a company first setting up a software-based network loosely modeled on the brain with millions of artificial “neurons.” […] This article has two goals: to provide a reader-friendly introduction to the copyright and right-of-publicity issues raised by such AI model training, and to offer practical tips about what art owners can do, currently, if they want to keep their works away from such training uses. […]

Read the full Art Business News article. 

The AI Update | August 29, 2023

#HelloWorld. In this issue, ChatGPT cannot be the next John Grisham, the secret is out on The New York Times’ frustrations with generative AI, and YouTube looks to a technological fix for voice replicas. Summer may soon be over, but AI issues are not going anywhere. Let’s stay smart together. (Subscribe to the mailing list to receive future issues.)

AI cannot be a copyright author—for now. In one of the most-awaited copyright events of the summer (not Barbie-related), the federal district court in D.C. held that an AI system could not be deemed the author of a synthetically-generated artwork. This was a test case brought by Stephen Thaler, a computer scientist and passionate advocate for treating AI as both copyright author and patent inventor, notwithstanding its silicon- and software-based essence. The D.C. district court, however, held firm to the policy position taken by the U.S. Copyright Office—copyright protects humans alone. In the words of the court: “human authorship is an essential part of a valid copyright claim.” Those who have followed Thaler’s efforts will remember that, about a year ago, the Federal Circuit similarly rejected Thaler’s attempt to list an AI model as an “inventor” on a patent application, holding instead that an inventor must be a “natural person.” Continue reading “The AI Update | August 29, 2023”

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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