Blog: Copyright

Deep Fakes: The Current Status of the Law

This summer the US Copyright Office issued a report entitled “Copyright and Artificial Intelligence: Digital Replicas.” The report resulted from both the current concerns regarding the legal issues surrounding the use of “deepfakes” which are digital replica technologies that falsely depict a person. The report was the result of nearly a year of information gathering starting in August 2023. The report concluded that the current laws were insufficient to protect individuals. While various state laws...

The start of any discussion of copyright in the United States begins with the U.S. Constitution, Article I section 8, clause 8, “The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Over the years, Congress has enacted several statutes, with the most recent being the Copyright Act of 1976. Copyrightable works...

What Constitutes Copyright Infringement? Copyright infringement occurs when a party violates any of the copyright owner’s exclusive rights. Assuming ownership of a valid copyright and no applicable authorization, infringement requires both of the following: the alleged infringer, as a factual matter, copied from the copyright owner’s work in a manner that implicates the copyright owner’s exclusive rights (eg, reproduction, public performance); and the alleged infringer appropriated enough of the copyright owner’s original expression to give...

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