AI Image Generators and Copyright:

Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability

Photo by Hitesh Choudhary on Unsplash

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 declined to grant copyright registrations for AI-created works of art based on a lack of human authorship (one of these decisions 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 at least some protection of computer generated works.

Questions have also been raised as to whether AI-generated images constitute derivative works and whether such images and the AI generation tools used to create them 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.

Speakers

Michael R. Graif
Member
Mintz Levin Cohn Ferris Glovsky and Popeo

Lisa T. Oratz
Senior Counsel
Perkins Coie

Scott J. Sholder
Partner
Cowan DeBaets Abrahams & Sheppard

CLE On-Demand Webinar

This Strafford production has been specially selected for HB audiences.

Topics

• What hurdles confront counsel when demonstrating authorship of AI-generated works?
• How does copyright apply to AI-generated works? How does it differ across jurisdictions?
• What steps can counsel take to increase the likelihood of success when seeking copyright protection for AI-generated works?

Outline

1. AI-generated works of art and copyrightability
   1. Eligibility in the U.S.
   2. Eligibility in other countries
2. AI image generators and copyright infringement
   1. Derivative works
   2. Fair use and other defenses
   3. Liability in other jurisdictions
   4. Best practices