AI Image Generators and Copyright
Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, June 24, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide IP counsel on copyright issues associated with artificial intelligence (AI) image generators. The panel will examine eligibility for copyright protection in the U.S. and compare the U.S. approach with other countries. The panel will also discuss whether and when the creation and use of image generation tools and AI-generated images may infringe or violate the copyrights of others.
Mr. Graif’s practice focuses on trademark and copyright enforcement, technology transactions and licensing, artificial intelligence, trade secrets, fair use, and online brand protection, including social media, publicity and domain name issues. As a Certified Information Privacy Professional (CIPP/US), he also advises his clients on data and privacy rights. Mr. Graif also counsels companies in AI matters. He develops and implements Generative AI guidelines, addressing confidentiality, IP and privacy issues, specifying approved GenAI tools, and training employees on responsible GenAI use. Mr. Graif also helps companies draft and negotiate AI development agreements, with a particular focus on data governance provisions, ensuring protection for developed models and input and output data, together with appropriate indemnities. He teaches social media law as an Adjunct Professor at the University of Pennsylvania Carey Law School and Benjamin N. Cardozo School of Law.
Ms. Oratz has more than 35 years of experience representing clients at the various intersections of technology, intellectual property (IP), and entertainment law. Her practice includes product counseling work for clients, with a focus on IP matters, content liability, and privacy and regulatory compliance, and she also routinely helps clients with drafting and negotiating license agreements, collaboration and joint venture agreements, development agreements, and other complex commercial contracts. Ms. Oratz devotes much of her practice to emerging technologies and is known for her innovative work on legal issues involving artificial intelligence (AI). This includes extensive work in the area of generative AI, including developing IP protection and risk mitigation strategies. Ms. Oratz also regularly counsels clients regarding the clearance, protection, and licensing of copyrights, trademarks, and name, image, and likeness rights, and handles a wide variety of entertainment, sports and marketing-related matters. She is co-lead of the Film & Television industry group. Ms. Oratz works with a wide variety of clients, ranging from Fortune 500 companies and other industry leaders to small, cutting-edge start-ups. She is a frequent writer and speaker on intellectual property, data licensing and contracting issues, especially relating to artificial intelligence.
AI programs are now readily available for all. Stability AI, Lensa, and other AI image creation tools create original works of art, raising the question of IP protection for such art. The United States requires human authorship in order to obtain copyright protection, and so far, the U.S. Copyright Office has set a high threshold for the human authorship it requires to grant copyright registrations for AI-created works of art (the human authorship requirement itself is being challenged in Thaler v. Perlmutter (D.D.C. filed June 2, 2022)). While some countries take a similar approach to the US, others treat the issue of copyright eligibility for AI-generated art quite differently and provide broad protection of computer generated works.
Questions have also been raised as to whether training AI models on copyrighted materials and the AI-generated images resulting from such infringe third-party copyrights, or whether the fair use doctrine or other defenses may apply. The first lawsuits involving image generators have now been filed raising copyright claims in addition to other claims.
Listen as our authoritative panel of IP attorneys examines AI image generators and the associated copyright issues. The panel will discuss eligibility in the U.S. and the recent actions by the Copyright Office and contrast this with the approaches used in other countries. The panel will also address the recent cases that have been filed and the potential liability for copyright infringement in the U.S. and other countries.
I. AI-generated works of art and copyrightability
A. Eligibility in the U.S.
B. Eligibility in other countries
II. AI image generators and copyright infringement
A. Derivative works
B. Fair use and other defenses
C. Liability in other jurisdictions
D. Best practices
The panel will review these and other critical issues:
- What hurdles confront counsel when demonstrating authorship of AI-generated works?
- How does copyright apply to AI-generated works? How does it differ across jurisdictions?
- What steps can counsel take to increase the likelihood of success when seeking copyright protection for AI-generated works?
