Scott Hervey Provides Guidance on Copyrights and AI-Generated Material for The Information

In an August 22, 2023, article for The Information, Weintraub shareholder and IP attorney Scott Hervey provided guidance on what can be copyrighted under existing U.S. Copyright Office rulings when it comes to AI-generated material.

Only the human-created portion of work containing AI-generated material can be copyrighted.

– Scott Hervey via Stephanie Palazzolo

The article, written by Stephanie Palazzolo, explores the potential impact of the Thaler vPerlmutter ruling handed down by United States District Court Judge Beryl A. Howell on Friday, August 18, 2023. The ruling states that works of art created by artificial intelligence, or AI, without any human input cannot be copyrighted under U.S. law. This means that works of art created using AI tools, such as movie trailers, short films, and graphic novels, are not fully protected as copyrightable material. It also raises a question for the future of AI startups like Midjourney and Runway.

Subscribers of The Information can read the complete article here.

A PDF of the article may also be read here.