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Are AI Art Generators Infringing Copyright Laws?

May 2, 2023

Tom Magnani, head the firm's Technology Transactions practice and co-chair of the Technology, Media, & Telecommunications industry group, was quoted in the LegalTech News article, “Derivative or Not? IP Attorneys Weigh In on Major AI Art Copyright Class Action.” The article discusses a recent class action lawsuit accusing three AI art generators of copyright infringement, which the companies are looking to dismiss. LegalTech News asked intellectual property attorneys for their thoughts on the case and its potential impact.

In the article, Magnani said the defendants’ argument about what constitutes derivative work might be correct, but they go too far when they assert that the images produced would not be found as infringing. He said the plaintiffs will likely be given the opportunity to amend their complaint and the case will continue to move towards a motion for summary judgment.

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