Posts by Stephen Wolfson
The United States Supreme Court released its opinion today in Andy Warhol Foundation v. Goldsmith. While it’s hard to predict the full ramifications of this decision at this point, our initial opinion is that this decision is not ideal, but also not the death knell for transformative fair use that many feared it could have…
In my last blog post, I looked at whether copyright protects artistic style, particularly in the context of generative AI (GAI) art tools like Stable Diffusion and Midjourney. However, in the class action litigation against Stable Diffusion and Midjourney, the plaintiffs are not only concerned that people can use the GAI tools to produce works…
In my previous posts on generative AI, I discussed fair use and AI training data, copyright over AI outputs, and a recent U.S. Copyright Office decision on registration for a work produced by generative AI. In the next posts in our series, I will look at claims (exemplified in a recent case against Stable Diffusion…
In a recent post, we explained why, absent significant and direct human creative input, generative AI outputs should not qualify for copyright protection. We noted that exactly what constitutes enough human input is not entirely clear; while a simple text prompt shouldn’t be enough, other areas will present more complex questions. Just this week, the…
“Generative AI” has been the subject of much online conversation over the past few months. “Generative AI” refers to artificial intelligence (AI) models that can create different kinds of content by following user input and instructions. These models are trained on massive datasets of content — images, audio, text — that is harvested from the…