The use of generative AI tools has led to questions over the copyrightability of certain outputs as well as publicity rights issues, say Bryan Sterba and Matt Savare of Lowenstein Sandler.

Courts have yet to articulate how copyright authorship standards should adapt to partially generated artificial intelligence (GAI) works. Yet, that has not stopped technologists from testing the legal boundaries.

Litigation is pending between physicist Stephen Thaler and the US Copyright Register over whether he can or cannot claim copyright to a GAI-generated work.

*Special thanks to Lowenstein summer associate Chloe Rippe for her contributions to this article.

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