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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. ChatGPT , Smodin ), to perform music (i.e.,

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How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. Ehrich Bros.’s

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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

In its June 8, 2023 opinion written by Justice Kagan, a unanimous Court declined to decide whether it is ever appropriate to apply the Rogers test—or any threshold First Amendment filter—in a trademark infringement lawsuit before allowing the case to “proceed to the Lanham Act’s likelihood-of-confusion inquiry.”

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