LIEB BLOG

Legal Analysts

Thursday, March 16, 2023

Copyrighting AI - Copyright Office Statement of Policy

On March 16, 2023, just two days after GPT-4's big release, the Copyright Office is getting into the AI game by addressing "the use of sophisticated artificial intelligence (“AI”) technologies capable of producing expressive material" in its Official Statement of Policy published in the Federal Register. 


To begin, the Statement of Policy asks the following questions with respect to Generative AI:

  1. whether the material they produce is protected by copyright?
  2. whether works consisting of both human-authored and AI-generated material may be registered?
  3. what information should be provided to the Office by applicants seeking to register them?

The Copyright Office, then, answers these question through the guise of the Copyright Act's "human authorship requirement," which is found in the definition of the term "author," as set forth by SCOTUS  in the case "Burrow-Giles Lithographic Co. v. Sarony" to mean “he to whom anything owes its origin; originator; maker; one who completes a work of science or literature.” 


Thereafter, the Copyright Office posits that "when an AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the 'traditional elements of authorship' are determined and executed by the technology—not the human user." Stated otherwise, "[w]hen an AI technology determines the expressive elements of its output, the generated material is not the product of human authorship." In these scenarios, no copyright is available. 


However, where a human "select[s] or arrange[s] AI-generated material in a sufficiently creative way," copyright is available. Additional, if the AI-generated material is modified, then a copyright is available. 


With respect to the information to be provided to the copyright office, the Statement of Policy explains that the "Author Created" field from the "Standard Application" to explicitly "claim the portions of the textual work that is human-authored." 


Finally, the Copyright Office leaves us with a teaser for later in the year when it will seek public comment later this year on "how the law should apply to the use of copyrighted works in AI training and the resulting treatment of outputs."




PIX11 News: Concertgoers React To Facial Recognition at MSG. Legal Analysis With Attorney Andrew Lieb

Concertgoers React To Facial Recognition at MSG. Legal Analysis With Attorney Andrew Lieb on PIX11.



FOX LiveNOW: Attorney Andrew Lieb Talks About Biden's Executive Order On Gun Control

Attorney Andrew Lieb was interviewed on FOX LiveNOW discussing Biden's Executive Order on Gun Control. This order aims to pressure Congress to take action on gun violence.


Wednesday, March 15, 2023

CBS NY: Hundreds Complain About Monkey Feet Online Shoe Store. Legal Analysis with Attorney Andrew Lieb

Hundreds Complain About Monkey Feet Online Shoe Store. Legal Analysis with Attorney Andrew Lieb on CBS 2 NY.


Understanding Wrongful Termination: When You May Have a Case for Legal Action

Wrongful termination is a serious issue that can have significant consequences for employees who have been unfairly dismissed from their jobs. If you believe that you have been wrongfully terminated, it's important to understand what types of situations can give rise to a case for wrongful termination.

There are two main scenarios in which an employee may have a case for wrongful termination. 
  1. Termination from whistleblowing or reporting a violation of law / safety to a supervisor or government agency. 
  2. Termination from discrimination based on your demographics, which can include race, color, national origin, religion, sex, familial status, handicap / disability, sexual orientation, domestic violence victim status, stalking victim status, gender identity / expression, marital status, gender, creed, age, alienage status, citizenship status, ethnic background, pregnancy, arrest / sealed conviction record, and other protected categories.

If you believe that your termination falls under either of these scenarios, you may have a case for wrongful termination and you should seek legal representation. A qualified attorney will help you understand your rights and options and can work to get you the compensation that you deserve.

Contact Lieb at Law to find out how to get in touch with one of our litigation lawyers soon. Lieb at Law offers attorneys licensed to practice law in New York, New Jersey, Connecticut, Colorado, and in the federal courts. 


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Tuesday, March 14, 2023

FOX LiveNOW: Attorney Andrew Lieb Talking Ex-Trump Attorney Michael Cohen Testifying In The Hush Money Grand Jury

Attorney Andrew Lieb Talking Ex-Trump Attorney Michael Cohen Testifying In The Hush Money Grand Jury on LiveNOW From FOX w/Andrew Craft. 



Important Discrimination Bill Passes NYS Senate - It's on the Assembly Now

On 3/13/2023, S3255 passed the NYS Senate and was delivered to the Assembly. 


This Anti-Discrimination Bill is so important to school-children and governmental employees facing discrimination in the State of New York.


Currently, when suing many governmental defendants for discrimination, such as school districts, victims only have one year to bring their claims (except for sexual harassment claims) before the New York State Division of Human Rights. This bill would make the limitations period three years. 


The bill is particularly important to bridge the gap between suing the government and non-governmental actors. When suing a non-government actor for discrimination, a victim can bring a court case, rather than a claim before the New York State Division of Human Rights, under the New York State Human Rights Law, within three years of the wrongful acts of discrimination. 


However, discrimination court cases against the government are often subject to a notice of claim statute where the statute of limitations is effectively limited to ninety days


As a result, many victims of governmental discrimination are out of luck when brining claims because they did not act quickly enough. 


Often times, a claim against a school district for permitting harassment in school is an ongoing case where acts over years demonstrate the discrimination, but recent events only tell an incomplete story. 


This law will bring fairness to the state and protect victims of discrimination.  


We strongly support the passage of this Bill and hope that the Assembly passes it swiftly.




Wednesday, March 01, 2023

FOX LiveNOW: Attorney Andrew Lieb Talking About The Supreme Court Student Debt Relief Program

Attorney Andrew lieb analyzes Supreme Court Biden Student Debt Relief Program on Fox LiveNOW. 


CBS NY: Supreme Court Hears Arguments About Student Debt Relief Program. Analysis w/ Attorney Andrew Lieb.

Attorney Andrew Lieb appeared on CBS to analyze the Supreme Court's hearing on Biden's student debt relief program.



Monday, February 27, 2023

NBC LX: Attorney Andrew Lieb Commentating on Why Alec Baldwin Did Not Attend His 1st Court Hearing

Attorney Andrew Lieb appeared on NBC LX about Alec Baldwin's absence at his first court hearing. Waiving one's presence is not uncommon and can be a strategic decision. Watch the full interview here: