Copyrightability of AI Generated Work

Gain a better understanding of the challenge of determining human authorship in AI-generated works, the guidance and disclosure rules established by the Copyright Office, the importance of addressing copyright ownership and usage rights in AI-related license agreements, and the implications of joint ownership of AI models and output.

AI-generated works must meet the human authorship requirement to be eligible for copyright protection according to the U.S. Copyright Office, which has refused registration for AI-generated images due to the unpredictability of the output and the lack of sufficient human authorship. Different countries, however, have varying approaches to copyright protection for AI-generated works, which our speakers discuss. Take this course for insights into specific cases that illustrate the challenge of determining human authorship in AI-generated works, guidance and disclosure rules established by the Copyright Office, the importance of addressing copyright ownership and usage rights in AI-related license agreements, recent cases, and the implications of joint ownership of AI models and output.

Learning Objectives

Artificial Intelligence (AI). Understand artificial intelligence and its basic concepts. Be able to explain the different types of AI and their applications in creative fields.

Human Authorship and Copyright Law. Understand the traditional concept of authorship under copyright law, and the challenges in applying copyright law to AI-generated works.

Copyright Office Guidelines and AI-Generated Works. Understand the current stance of the U.S. Copyright Office on copyright protection for AI-generated works, and the implications of the Copyright Office’s guidelines for creators and AI developers.

International Perspectives on AI and Copyright. Be able to compare how other countries address copyright issues related to AI-generated works and identify potential challenges and opportunities in a global context.

Contractual Considerations for AI and Copyright. Understand the importance of addressing copyright ownership and licensing in AI-related agreements and contract clauses designed to protect intellectual property rights in the age of AI.

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Speakers

Lisa T. Oratz
Lisa T. OratzSenior Counsel, Perkins Coie LLP
Lisa's practice involves product counseling work for clients, with a focus on IP matters, content liability, and privacy and regulatory compliance. Lisa also routinely helps clients with drafting and negotiating complex commercial contracts (including development agreements), collaboration and strategic partnership agreements, master services agreements, and license agreements. She devotes much of her practice to emerging technologies and is known for her innovative work on legal issues involving artificial intelligence (AI). This includes extensive work in generative AI, including product counseling and developing IP protection and risk mitigation strategies. Education: UCLA School of Law, J.D., cum laude, Order of the Coif; University of California, Los Angeles, B.A., magna cum laude.
D. Sean West
D. Sean WestAssociate, Perkins Coie LLP
Sean is a technology, copyright, and interactive entertainment attorney who advises clients on launching their cutting-edge products and services. He counsels his clients on intellectual property, e-commerce, artificial intelligence, consumer protection, and privacy issues. Sean has experience working on matters relating to gaming, digital media, virtual and augmented reality (AR/VR), non-fungible tokens (NFTs), Internet of Things (IoT) products, and other emerging technologies. Additionally, Sean assists clients with structuring, drafting, and negotiating commercial transactions related to IP rights, licensing, services, development, manufacturing, and supply. Prior to law school, Sean managed brand protection programs for several top global brands. Education: Seattle University School of Law, J.D., summa cum laude, Associate Editor, Seattle University Law Review, Seattle University, B.A., Political Science.