-
US Copyright Office issues Report on Economic Implications of AI for Copyright Policy
Read more: US Copyright Office issues Report on Economic Implications of AI for Copyright PolicySomewhat surprisingly, the Copyright Office just issued another report (on the heels of its authorship and AI report). This one is edited by Brent Lutes, the Chief Economist of the Copyright. The Report analyzes The Economic Implications of Artificial Intelligence for Copyright Policy. Here’s ChatGPT’s summary of the Report: Below is a bullet point summary…
-

AI-generated image received copyright registration based on “selection, coordination, and arrangement.” Yes, in the United States. How?
Read more: AI-generated image received copyright registration based on “selection, coordination, and arrangement.” Yes, in the United States. How?As first reported by CNet, the AI-company Invoke, successfully registered a single AI-generated image for a work aptly titled “A Single Piece of American Cheese.” (Invoke is the author as an employer under the work-made-for-hire doctrine.) But Invoke did so only based on the “selection, coordination, and arrangement” of elements otherwise generated by an AI…
-
Register of Copyrights Perlmutter says Copyright Office Report on copyrightability of AI-generated works will be released soon. Will it take a more flexible approach?
Read more: Register of Copyrights Perlmutter says Copyright Office Report on copyrightability of AI-generated works will be released soon. Will it take a more flexible approach?Speaking at a conference at U. Penn, the Register of Copyrights Shira Perlmutter said the Copyright Office’s next report on authorship and the copyrightability of AI-generated works will be released to the public soon. I submitted a comment to the Copyright Office on this very issue. I hope the Copyright Office considered my views and…
-
Allen v. Perlmutter AI authorship case scheduling conference set for Feb. 4, 2025
Read more: Allen v. Perlmutter AI authorship case scheduling conference set for Feb. 4, 2025The scheduling conference in the Jason Allen v. Perlmutter case in the District of Colorado is set for February 4, 2025, at 10:00 a.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. The case is assigned to Magistrate Judge Kathryn Starnella, after a referral from Judge Kato…
-
Scholarship: Prompting Progress: Authorship in the Age of AI in Florida Law Review
Read more: Scholarship: Prompting Progress: Authorship in the Age of AI in Florida Law ReviewI am happy to share my article “Prompting Progress: Authorship in the Age of AI” is now published in the Florida Law Review. Download a PDF in the link: https://www.floridalawreview.com/article/126449-prompting-progress-authorship-in-the-age-of-ai
-

Jason Allen v. Shira Perlmutter complaint. Seeks declaration AI-prompted Théâtre D’opéra Spatial is work of authorship
Read more: Jason Allen v. Shira Perlmutter complaint. Seeks declaration AI-prompted Théâtre D’opéra Spatial is work of authorshipWe finally have a lawsuit challenging the U.S. Copyright Office’s misguided approach denying authorship in AI-generated works under the obscure requirement of “traditional elements of authorship,” a term that no federal court has ever used in a copyright decision. Jason Allen, whose initial version of the work Théâtre D’opéra Spatial (on the left) was denied…
-

The Copyright Office’s AI Guidance likely violated Administrative Procedure Act by failing to hold notice & comment period
Read more: The Copyright Office’s AI Guidance likely violated Administrative Procedure Act by failing to hold notice & comment periodThe Code Red for Copyright Law is now out. This short essay explains why the Copyright Office’s AI Guidance is wrong. 1. It likely violated the Administrative Procedure Act (APA) by imposing a new substantive rule of “traditional elements of authorship” without notice and comment. 2. It is contrary to the Progress Clause’s approach to…
-

Copyright Office denies copyright to AI stylized work based on photograph by Anki Sahni
Read more: Copyright Office denies copyright to AI stylized work based on photograph by Anki SahniOn Dec. 11, 2024, the U.S. Copyright Office published its decision denying the copyright ability, for lack of human authorship, a work titled Suryast that Anki Sahni stylized using the RAGHAV Artificial Intelligence Painting App. The rejection of copyright follows the Office’s rejections of copyright to AI prompt-engineered visual works by Jason Allen and Kristina…
-
China court: AI generated image is copyrightable; originality satisfied thru person’s prompts
Read more: China court: AI generated image is copyrightable; originality satisfied thru person’s promptsThis week, the Beijing Internet Court made a key ruling in a copyright lawsuit involving the copyright in an AI generated image of a woman that was made by Li, a creator who used Stable Diffusion, a text-to-image generator. According to South China Morning Post, the Beijing Internet Court found that Li satisfied originality in…
-

The Copyright Office’s approach to AI is wrong. Here’s why.
Read more: The Copyright Office’s approach to AI is wrong. Here’s why.At long last, I have posted a preprint draft of my article Prompting Progress: Authorship in the Age of AI, 76 Fla. L. Rev. (forthcoming 2024). You can download it from SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4609687 The Article explains why the Copyright Office’s recent guidance and position denying the copyrightability of AI generated works is wrong. It follows…