copyright – Duane Morris TechLaw

September 23, 2024September 23, 2024 by Duane Morris

How Copyright Law Regards Artificial Intelligence

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.

October 25, 2023 by Duane Morris

Artificial Intelligence Updates – 10.25.23

#HelloWorld. October swirls with AI headlines, but one senses a running-to-stand-still quality. Like the opening moves in a chess game, players continue to arrange regulatory and litigation pieces on the board, but the first true clash still awaits. Let’s stay smart together.

Read more on The Artificial Intelligence Blog.

October 3, 2023 by Duane Morris

A Discussion with the Copyright Office and UPSTO on Where AI Policy Is Headed

Duane Morris partner Agatha Liu will be moderating the California Lawyers Association webinar “Where Our AI Policy Is Headed – A Discussion with the Copyright Office and the Patent and Trademark Office” on October 26, 2023, from 12:00 p.m. to 1:00 p.m. Pacific.

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

September 29, 2023 by Duane Morris

Webinar: Benefits, Risks and Mitigation Strategies for AI Use

Duane Morris is hosting the webinar Get Smart with AI: Best Practices for Using AI in Business on Tuesday, October 17, 2023, from 12:00 p.m. to 1:00 p.m. Eastern.

Register for the webinar or read more about the program.

September 19, 2023September 18, 2023 by Duane Morris

A Gentle Primer on Generative AI Art Models

Duane Morris partner Aleksander J. Goranin authored the Art Business News article, “The Future of Digital Art as Training Material For Generative Artificial Intelligence Models,” which provides a reader-friendly introduction to the copyright and right-of-publicity issues raised by such AI model training, and offers practical tips about what art owners can do, currently, if they want to keep their works away from such training uses. Read the full article.

August 29, 2023August 29, 2023 by Duane Morris

And the Copyright Registration Goes to… the AI Algorithm or the Machine?

The Copyright Registration Guidance published by the United States Copyright Office in March mainly addressed whether a human providing simple prompts or other input to an artificial intelligence (AI) algorithm could obtain a copyright registration for the output that the AI algorithm generated based on the human input. … Now a few months later, a court has handed out a decision on whether to grant a copyright registration to the AI algorithm in Thaler v. Perlmutter, 1:22-cv-01564 (D.D.C).

Read the full post on the Artificial Intelligence Blog.

April 17, 2023June 16, 2023 by Duane Morris

Is AI Technology Creative?

On March 16, 2023, the United States Copyright Office (USCO) published Copyright Registration Guidance (Guidance) on generative AI. In the Guidance, the USCO reminded us that it “will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author.” This statement curiously conjures the notion of a machine creating copyrightable works autonomously.

February 26, 2013September 12, 2014 by Duane Morris

A Copyright Alert about a Copyright Alert: Internet Service Providers Undertake a New Program

It’s good to be an Internet Service Provider. While content owners worry about piracy and erosion of copyright, and thus revenue, ISP’s (the companies that provide us with Internet access) do not have substantial copyright worries. They are considered, in effect, common carriers and as a result are generally no more liable for copyright infringement by its customers than the telephone company would be liable if you slander someone during a phone call. The concern is the copyright misbehavior of ISP customers, namely people like us.

Click here to read Mark Fischer’s blog entry on ISP’s and copyright issues.

January 28, 2013September 12, 2014 by Duane Morris

Want to “Unlock” That New Mobile Phone? The Rules Have Changed.

It’s a little-known fact that the Librarian of Congress has the power to determine if you can “unlock” your mobile phone/PDA in order to change the telephone/ISP service accessible on the device. You might not think a librarian could be that powerful, but it’s the law.

Learn more about the Digital Millennium Copyright Act (DCMA) and the Librarian of Congress’ role in unlocking mobile phones in this blog entry from partner Mark Fischer on the New Media and Entertainment Law Blog.