In a recent World IP Review article, Thompson Coburn IP partners Tom Polcyn, Matt Braunel, and Michael Parks discuss the U.S. Court of Appeals for the District of Columbia Circuit’s decision affirming that AI systems cannot be recognized as authors under U.S. copyright law.
The court’s ruling solidifies that AI cannot be the sole author of copyrighted works, but the TC team anticipates further litigation regarding AI-generated content. They note that generative AI technology is rapidly evolving, and the law always “lags behind the technology”.
“Expect more litigation on the topic of AI-generated works and authorship issues,” they said.
Regarding the potential for businesses to integrate trademarks into AI-generated works for stronger brand association and IP enforcement, the TC team stated that trademark law is not a substitute for copyright as it doesn’t grant exclusive rights over reproduction or derivative works.
Trade secrets could offer another form of protection, but they cautioned that claimants must prove unauthorized access and that the AI-generated output had independent economic value from being secret.
The team also explained that a ruling like this could impact copyright registrations outside the US, though international laws remain unsettled.
Original source can be found here.