Blog: Copyright

Who is the pot and who is the kettle: OpenAI “Investigating theft” by DeepSeek

Last week (end of January 2025) the stock market was rattled when DeepSeek, a Chinese AI company rolled out a new open-source reasoning model, which some say is as good as ChatGPT. (Apparently OpenAI thinks it’s so good that it’s the same.) The low development costs are what caused Nvidia stocks to decline sharply and DeepSeek became the talk of the internet. I know you don’t care about the impacts on the financial markets, but...

Deep Fakes: The Current Status of the Law

This summer the US Copyright Office issued a report entitled “Copyright and Artificial Intelligence: Digital Replicas.” The report resulted from both the current concerns regarding the legal issues surrounding the use of “deepfakes” which are digital replica technologies that falsely depict a person. The report was the result of nearly a year of information gathering starting in August 2023. The report concluded that the current laws were insufficient to protect individuals. While various state laws...

What Constitutes Copyright Infringement? Copyright infringement occurs when a party violates any of the copyright owner’s exclusive rights. Assuming ownership of a valid copyright and no applicable authorization, infringement requires both of the following: the alleged infringer, as a factual matter, copied from the copyright owner’s work in a manner that implicates the copyright owner’s exclusive rights (eg, reproduction, public performance); and the alleged infringer appropriated enough of the copyright owner’s original expression to give...

The start of any discussion of copyright in the United States begins with the U.S. Constitution, Article I section 8, clause 8, “The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Over the years, Congress has enacted several statutes, with the most recent being the Copyright Act of 1976. Copyrightable works...

Schedule Your Appointment