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Bloomberg Law

Only Humans Can Copyright Works

Mar 28, 2025
Terence Ross, an intellectual property litigator at Katten Muchin, and Harold Krent, a constitutional law professor at Chicago-Kent, dive into the intriguing world of copyrights. They discuss a landmark ruling affirming that only humans can hold copyright, raising questions about AI-generated works. The conversation also touches on the Supreme Court's debates regarding the FCC's universal service fund and its implications for low-income communities. With humor and insight, they navigate the evolving intersection of technology and law.
32:55

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Quick takeaways

  • The landmark ruling emphasizes that only human authors can secure copyright protection, impacting the role of AI in creativity.
  • The decision reflects a judicial trend prioritizing textual analysis over public policy in copyright law, affecting future legal interpretations.

Deep dives

AI's Impact on Copyright Law

A recent court ruling determined that copyright protection requires human authorship, setting a precedent for the limitations of AI-generated works. The case involved Dr. Stephen Pollard, who created a generative AI known as the creativity machine that produced an artwork claimed to lack human contribution. The U.S. Copyright Office had previously denied his copyright application, reaffirming a long-standing rule that only human creators can hold copyrights. This ruling underscores the ongoing debate regarding the role of AI in creative processes and the legal framework surrounding intellectual property.

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