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Generative AI and creativity: A quick analysis of US and Canadian copyright registrations for artistic works

Kluwer Copyright Blog

In addition to raising questions about ownership of outputs , infringement in training , and the future of copyright as a policy tool to encourage creativity , economists are in the early stages of analysing the effects of these technologies on human creativity. For simplicity, I will label this ‘commercial significant artistic creativity’.

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Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Intellectual Property Law Blog

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. Thaler included several new legal theories to suggest that his contribution to the Creativity Machine, such as his ownership and prompting of the software, would establish a human component of authorship.

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US Copyright Office refuses to register AI-generated work, finding that "human authorship is a prerequisite to copyright protection"

The IPKat

The application stated that the Work had been autonomously created by a computer algorithm running on a machine. Registration was sought as a work-for-hire to the owner of the Creativity Machine. In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim.

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Generative AI, Digital Constitutionalism and Copyright: Towards a Statutory Remuneration Right grounded in Fundamental Rights – Part 1

Kluwer Copyright Blog

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. In 2019, the U.S. Deepbrain AI , Veed.io ).

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Generative AI and Copyright – Some Recent Denials and Unanswered Questions

LexBlog IP

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. ” However, such statements contradicted the application record, which stated that the AI created the work on its own. ” Where AI alone creates a work, this point seems clear.

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The Choice Of Law Debate In Copyright Infringement

IP and Legal Filings

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?