AI Image Generators and Copyright

Description

AI programs are now readily available for all. Stability AI, Lensa, and other AI image creation tools create original works of art, raising the question of IP protection for such art. The United States requires human authorship in order to obtain copyright protection, and so far, the U.S. Copyright Office has set a high threshold for the human authorship it requires to grant copyright registrations for AI-created works of art (the human authorship requirement itself is being challenged in Thaler v. Perlmutter (D.D.C. filed June 2, 2022)). While some countries take a similar approach to the US, others treat the issue of copyright eligibility for AI-generated art quite differently and provide broad protection of computer generated works.

Questions have also been raised as to whether training AI models on copyrighted materials and the AI-generated images resulting from such infringe third-party copyrights, or whether the fair use doctrine or other defenses may apply. The first lawsuits involving image generators have now been filed raising copyright claims in addition to other claims.

Listen as our authoritative panel of IP attorneys examines AI image generators and the associated copyright issues. The panel will discuss eligibility in the U.S. and the recent actions by the Copyright Office and contrast this with the approaches used in other countries. The panel will also address the recent cases that have been filed and the potential liability for copyright infringement in the U.S. and other countries.