The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it declined to dismiss Plaintiffs’ claims for breach of contract of open source license violations by Defendants. However, the Court also dismissed Plaintiffs’ request for of unjust enrichment and punitive damages.Continue Reading Court Rules in Landmark AI Code Generator Case – DMCA Claims Dismissed but Breach of Contract Claims Remain

We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its opposition, in which it raises the substantive arguments to the copyright claim set forth below.Continue Reading Jobiak’s Opposition to Motion to Dismiss Copyright Infringement Claims on AI-Created Database

A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?

In Jobiak v. Botmakers, Jobiak is an AI-based recruitment platform that offers a service for quickly and directly publishing job postings online and leverages machine learning technology to optimize third party job descriptions in real-time and generate an automated database for its job postings. Jobiak alleges copyright infringement (among other claims) because Botmakers scraped Jobiak’s proprietary database and subsequently incorporated its contents directly into its own job listings.Continue Reading Court to Decide Whether AI-scraped Job Database Is Subject to Copyright Protection and Is Infringed?

A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models were trained in the US. However, the court relied on seemingly contradictory public statements by Stability’s CEO, including that Stability helped “fast track” UK residency applications of Russian and Ukrainian developers working on Stable Diffusion. This suggests that at least some development occurred in the UK. A similar case involving the parties is pending in the US. One significance of where the case is heard is that in the US, fair use can be a defense to copyright infringement. But not in the UK. This is just one example of where disparate country laws relating to AI may cause AI developers to forum shop to develop AI where the laws are most favorable. For example, Japan has announced that it will not enforce copyrights on data used in AI training. If such activity is found to be infringing in the UK, US or elsewhere, it is conceivable that some companies will move their AI training activities to Japan.Continue Reading Getty Image’s AI Model Training Lawsuit in UK Against Stability to Proceed 

In a decision issued[1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship requirement under U.S. copyright law and may have far-reaching implications.Continue Reading Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions. But unanswered questions abound. For example, how will the Copyright Office address collaborative or joint works between a human and AI? And will this bedrock principle be limited to generative AI, or may it lead to revisiting copyright protection for other technologies where creative decisions are left to machines?Continue Reading Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise. Another GAI issue that has arisen with various applications involves the right of publicity. A recently filed class action provides one example.Continue Reading Celebrity “Faces Off” Against Deep Fake AI App Over Right of Publicity

On March 16, 2023, the U. S. Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and using copyrighted materials in AI training. According to the USCO: “This initiative is in direct response to the recent striking advances in generative AI technologies and their rapidly growing use by individuals and businesses.” It is also a response to requests from Congress and the public.Continue Reading Copyright Office Artificial Intelligence Initiative and Resource Guide