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Technology,
Intellectual Property

Oct. 3, 2024

9th Circuit's reply to AI identicality question might alter copyright playing field

Acknowledging there is no controlling law on the question, a federal judge has asked the 9th U.S. Circuit Court of Appeal if AI output must be an exact copy to trigger infringement claims.

Hughes

In a move that may alter the playing field for plaintiffs suing artificial intelligence firms for copyright infringement, a federal judge in Oakland has asked the 9th U.S. Circuit Court of Appeals to clarify a statutory interpretation of the Digital Millennium Copyright Act. 

Joseph R. Saveri, founder of the Joseph Saveri Law Firm LLP, convinced U.S. District Jon S. Tigar that there was a controlling question of law as to whether the act has an identicality element. That is, must ...

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