Category Archives: Copyright Infringement

Human Input Necessary for Copyrightability of Works Created with Artificial Intelligence

by Brian W. Nolan and Megan P. Fitzgerald

Photos of the authors

Brian W. Nolan and Megan P. Fitzgerald (Photos courtesy of the authors)

Last week, the United States Copyright Office (“USCO”) released its long-anticipated report on the copyrightability of works created with the aid of artificial intelligence (“AI”). The report did not break new ground by recommending updated legislation or providing an objective bright-line test to determine the copyrightability of works created with AI. Instead, the USCO reaffirmed its position that, consistent with established principles of copyright law, some level of human involvement is necessary for a work created with AI to be eligible for copyright protection.

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Court Dismisses Most Claims in Authors’ Lawsuit Against OpenAI

by Angela Dunning, Arminda Bepko, and Jessica Graham

Photos of authors

From left to right: Angela Dunning, Arminda Bepko & Jessica Graham (photos courtesy of Cleary Gottlieb Steen & Hamilton LLP)

This week saw yet another California federal court dismiss copyright and related claims arising out of the training and output of a generative AI model in Tremblay v. OpenAI, Inc.,[1] a putative class action filed on behalf of a group of authors alleging that OpenAI infringed their copyrighted literary works by using them to train ChatGPT.[2] OpenAI moved to dismiss all claims against it, save the claim for direct copyright infringement, and the court largely sided with OpenAI.

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