World Trademark Review Quotes David Vondle on AI Art Ruling

August 22, 2023

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For its article “US district court sides with Copyright Office in first AI art ruling,” World Trademark Review quoted Akin intellectual property partner David Vondle. The article reports the U.S. District Court for the District of Columbia declining to overturn a decision by the Copyright Office that rejected an application for a piece of artwork generated exclusively through the use of AI.

David said that the decision had been largely expected, noting, “This was a straightforward application of the facts to the current law, and there was no human involvement in the creation of the work. As such, the decision is entirely consistent with US law and policies as it relates to human authorship.”

The article also reports a separate case involving the Copyright Office’s rejection of a comic book author’s AI-generated illustrations, in which the author claimed to have provided specific input to the AI program in creating the images.

David noted, “In later cases, courts will address more complicated facts and issues because those cases will certainly include various degrees of human and AI involvement.” He added that those decisions will be “significantly more meaningful in determining on which side of the line future visual and artistic works will fall.”

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