March 24, 2023
Managing Intellectual Property
The U.S. Copyright Office recently issued a report that provides guidance on the registrability of works aided by artificial intelligence and has sparked mixed reactions from IP practitioners. In its guidelines, the office maintained its stance that copyrights can only protect material that is produced by humans. However, applications will be reviewed on a case-by-case basis to determine if AI-generated works can be registered.
Finnegan partner Margaret Esquenet told Managing Intellectual Property that the office could find it hard to implement its position because the registration process relies heavily on applicants’ representations.
How the office’s policy may affect litigation is also of interest, says Margaret. “If a plaintiff in litigation creates a work that is an unauthorized derivative, a court may revisit the office’s policy statement to determine if the petitioner is even entitled to bring the suit. Whether and to what extent the policy statement will be helpful in a litigation context is not clear.”
Read “US Copyright Office’s AI Guidance Receives Mixed Reviews”
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