US Copyright Office Rules AI-Generated Comic Book Illustrations Are Not Protected by Copyright Law

• The US Copyright Office ruled that the illustrations in a new comic book, Zarya of the Dawn, created with the AI program Midjourney are not protected by copyright law.

• The text of the publication is still covered by copyright, but the illustrations, which were all created by Midjourney, don't get any of the same intellectual property protections.

• The Copyright Office explained that only images created by humans can obtain copyright protection, citing cases in which animals have taken photos, which are not covered by copyright law in the US.

• AI image creation tools like Midjourney are relatively new, and there are a number of new intellectual property issues that arise when these tools are unleashed on the world.

• This ruling could have an influence on cases currently being considered in the courts around how AI images are created on a technical level.

California moves to regulate AI usage amid growing public concern and advocacy momentum.

• California is trying to regulate the use of AI due to its increasing prominence in everyday life.

• Advocates believe they have momentum for greater AI safeguards due to increased public attention and President Biden's call for more scrutiny of the industry.

• There are new state regulations around AI's usage in privacy and employment, while lawmakers are proposing bills that could lay the groundwork for future AI laws.

• AI oversight could be addressed in upcoming work by the California Privacy Protection Agency, which is turning its attention toward privacy issues around AI.

• The California Civil Rights Department has led in efforts to tackle automation’s hiring bias, and on Tuesday, it formally teed up those proposed regulations up for a public comment period, beginning the rulemaking process.

• Organizations use AI in hiring, which could lead to discrimination. The proposed regulations would ban an AI system's use of a protected characteristic or affiliated data, and records and data around AI would have to be maintained for four years.

• Recent updates to the state's comprehensive privacy law give both consumers and employees certain rights when a business uses automated decision-making technology to collect personal data. At least three pieces of California legislation have been filed this year aimed at putting more safeguards around AI.

Chinese Apps Remove Access to ChatGPT, Spurring Global AI Race and Concerns about Regulation and Bias

• Several popular Chinese apps have removed access to ChatGPT, the artificial intelligence chatbot developed by OpenAI.

• China's state-run media recently released a video claiming ChatGPT could be used by US authorities to "spread disinformation and manipulate public opinion," pointing to its responses regarding Xinjiang as supposed evidence of bias.

• Chinese tech companies are developing their own AI chatbots to compete with ChatGPT and other similar tools, with Alibaba testing its own version and Baidu preparing to release its ERNIE Bot.

• ChatGPT had been available on some Chinese social media apps without the use of a VPN or foreign mobile number.

• The apps providing ChatGPT services have cited reasons such as "violation of relevant laws and regulations" and "relevant business changes" for the shutdown.

AI could transform trademark attorneys' work, from idea generation to policing

• AI is already being used by trademark attorneys to help check the availability of trademarks and spot threats, but it could fundamentally alter the nature of their practices.

• AI platforms like ChatGPT could be used in the brand idea-generation phase, allowing attorneys to help smaller businesses find available brand ideas and become a one-stop shop for clients.

• Attorneys expect existing AI tools to continue to improve, and it's a short technical leap to imagine incorporating access to the PTO's trademark registry into AI programs to simultaneously create brand ideas and check trademark availability.

• While AI technology may continue to alter the work and toolkit of trademark attorneys, it cannot replace the human perceptions and subjectivity inherent in trademark law.

• The debate over whether AI can create intellectual property has generated legal questions and controversy in the fields of copyright and patents, but who created a trademark is legally irrelevant, as the core issues are generally who used it first in commerce, and on what product.