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ARTICLE · 24 FEBRUARY 2022

Human Creativity v. Machine Autonomy In Identifying Copyright Authors Of Generative NFTs

Rothwell, Figg, Ernst & Manbeck, P.C.
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Generative content is having a moment in the form of non-fungible tokens (NFTs) powered by blockchain platforms.

United StatesIntellectual Property
Jennifer Maisel
Jennifer Maisel

Generative content is having a moment in the form of non-fungible tokens (NFTs) powered by blockchain platforms. Continued investment and growth in the NFT market is bringing into the mainstream legal edge cases concerning the use of digital technology to create intellectual property. Recently, the U.S. Copyright Office's Review Board issued a decision addressing whether an artificial intelligence "Creativity Machine" can meet the statutory requirements of an author for copyright purposes. See Decision dated Feb. 14, 2022, available here . The Board held that the Creativity Machine does not meet the statutory requirements of an author, consistent with the Office's position that an author must be a human being.

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