US Supreme Court Denies Certiorari in Thaler v Perlmutter AI Copyright Case

Potomac Law (PLG)'s Dr. Axel Spies writes: The European Parliament adopted a Resolution on Copyright and Generative Artificial Intelligence on March 10, 2026, that signals a potentially significant shift in European copyright policy. Although the Resolution itself is not legally binding, it reflects the growing view within EU institutions that traditional copyright rules may not adequately address the realities of generative AI training. #copyright #generativeai #artificiialintelligence #intellectualproperty #europeanunion https://lnkd.in/g_KU739g

India's 'One Nation, One Licence, One Payment' proposal revolutionizes copyright for AI training by replacing consent-based exclusions with statutory royalties via a centralized body. This DPIIT-backed shift allows AI firms to access copyrighted works without individual permissions, addressing enforcement gaps in automated, large-scale data ingestion under Sections 14 and 52 of the Copyright Act, 1957. Tanya Verma and Raman Singh Chauhan writing for TCLF critically unpack this move from property-rule to liability-rule regimes, citing precedents like Eastern Book Company v. D.B. Modak to affirm reproduction rights trigger remuneration even without output similarity. They flag risks in royalty-centric regulation, such as under-rewarding premium works, and consent erosion, advocating tiered rates, opt-outs for high-risk uses, and oversight to balance innovation with authors' control amid global TDM debates. #CopyrightLaw #AITraining #OneNationOneLicence #LegalTech https://lnkd.in/gp2PC_hd

🚨 SCOTUS declined to hear Thaler v. Perlmutter, the case that asked whether an AI can be an "author" under US copyright law. Every court below had already said no. The Supreme Court just let that stand. Permanently. Here's what that means for YOUR business: If content is created entirely by AI, with no meaningful human creative input, it has ZERO copyright protection. 🤖❌ Anyone can copy it. Because legally, no one owns it. But here's where it gets nuanced: if you meaningfully directed the AI, chose what to create, shaped the output, made real creative decisions, you may still hold copyright in those contributions. The line is human creative authorship. And it matters more than ever right now. If your business uses AI to generate content, products, logos, or marketing material, this ruling directly affects your IP strategy. Don't build a brand on content you don't own. #brandprotection #escalegal #moderncounselformodernbrands

Published exclusively on MLex yesterday, written by Frank Hersey UK government seeks more evidence before any changes to copyright for AI The UK government has hit pause on changing copyright law for AI and that’s a big signal for anyone working at the intersection of AI and IP. After significant pushback, policymakers have stepped away from their earlier preference to allow broad AI training on copyrighted material. Instead, they are focusing on filling “evidence gaps” before making any legislative moves. What’s clear: • Reform is not off the table, just delayed • Licensing, transparency and industry standards are now front and centre • No new AI copyright regulator (for now) • Ongoing global developments and litigation will shape the UK’s next steps For AI and IP lawyers, this creates a period of uncertainty but also opportunity. The framework is still being shaped, and the direction will depend heavily on how evidence, market practices and international approaches evolve. Staying ahead of these shifts is critical, especially as clients look for clarity on risk, compliance and strategy. If you want to understand how these developments are unfolding in real time and what they mean for your organisation, feel free to reach out to me to learn how MLex can support your team. #AI #IntellectualProperty #Copyright #LegalTech #UKLaw #AIGovernance #DataLaw #Innovation

The UK House of Lords Communications and Digital Committee published HL Paper 267 on 6 March 2026, concluding that UK copyright law fails to protect rights holders whose works are used to train generative AI systems and calling on government to introduce a mandatory opt-out mechanism before any commercial text and data mining exception is enacted. The report identifies section 29A of the Copyright, Designs and Patents Act 1988 as the core provision and recommends that AI developers be required to disclose training datasets and operate within a licensing structure similar to existing collective arrangements. No legislation has been introduced or tabled as of 19 March 2026; the report is advisory and the government has 60 days to respond formally. The findings are directly relevant to AI developers active in the UK who currently rely on open-ended TDM practices. Read the full analysis on our blog: https://lnkd.in/dGsnGk6z #AIRegulation #UnitedKingdom #Copyright #GenerativeAI #IPLaw

I’m delighted to share my latest publication - “Data is Nothing Like Oil: Dusting Off Copyright’s Originality Doctrine for the AI Age”, published in the IIC - International Review of Intellectual Property and Competition Law by Springer Nature, with many thanks to Sofia Filgueiras. In this short editorial essay, I take issue with the idea that “data is the new oil.” Pointing to copyright’s originality doctrine and public domain, I argue that, “when seen through the lens of copyright law, data should look nothing like oil; if anything, …it should look to us more like the ocean.“ 🌊 The point is to shift the regulatory focus away from protecting data as tradable commodity and towards safeguarding the health and sustainability of the knowledge commons; it concludes by calling for “a new kind of data environmentalism for the AI age.” ➡️ Craig, C.J. Data Is Nothing Like Oil: Dusting Off Copyright’s Originality Doctrine for the AI Age. IIC (2026). https://lnkd.in/ewTauXPK ➡️ Free to read here: https://rdcu.be/e7xrx

You may have heard it said that “data is the new oil!” But is it really? Check out this new Editorial in the IIC - International Review of Intellectual Property and Competition Law by IP Osgoode’s Director Carys Craig!👇

We have written an update on the government's long-awaited report on copyright and artificial intelligence. The uncertainty remains for rightsholders and AI developers in that the government is not ready to legislate (yet). I think we can expect the development of a significant number of cases reaching the courts in the meantime... Birketts LLP Birketts Commercial & Technology #AI #Copyright #Govtreport Read the full update here: https://lnkd.in/eqgYRXYc

The #EU Parliament adopted on Tuesday a series of recommendations urging lawmakers to find a “permanent” solution to protect copyright from use by artificial intelligence (#AI). https://lnkd.in/eppG_735

Check out the latest content on AI from PLG Partner Dr. Alex Spies. AI Training and Copyright in Europe: A Potential Shift Beyond Territoriality: Potomac Law. PLG is active and involved on these issues and helping many US clients navigate copyright in AI, as well as traditional IP issues.