In order to clarify policy-related issues involving artificial intelligence and the copyright law issue of authorship, the U.S. Copyright Office, on March 16, 2023, commenced an AI initiative. Included in this initiative was new registration guidance (to be codified as 37 C.F.R. §202) aimed at assisting practitioners and industry members on protection of creative works …
Category: authorship
Copyright Office Partially Cancels AI-Created Work
On February 21, 2023, the U.S. Copyright Office issued an unusual ruling partially cancelling the copyright registration originally issued in September 2022, essentially cancelling any part of the work made by an AI machine. A new registration will be re-issued as to the portions in which the human authorship was confirmed, including the selection, coordination, …
Spread Some LOVE . . . Or Not
Today, May 1, is Global Love Day. To commemorate the day, we spotlight ”love,” specifically the trademark registrations and copyright applications for LOVE. Registrant At World Properties, LLC, a real estate brokerage company based in Chicago, Illinois, registered two marks with the USPTO, one each stylized trademark and service mark for LOVE®. The first …
In U.S., Only Humans Can Be Inventors or Creators
In the U.S., patents are issued to inventors and copyrights are registered to authors. Artificial intelligence (AI) has been gaining traction in automation of business processes, creating more efficient applications, and gathering of data analysis. However, as seen with the recent U.S. Copyright Office’s recent Copyright Review Board’s (CRB) decision demonstrates that under U.S. copyright …
Collecting Royalties Indicative of Authorship, not Work for Hire
On August 21, 2019, the Court of Appeals for the Second Circuit ruled in an interesting example of what is deemed “work for hire,” as defined by the Copyright Act, 17 U.S.C. §201(b), in Morricone Music Inc. v. Bixio Music Group Ltd..[1] Ennio Morricone is the late Italian composer of several musical film scores, which …