Artificial Intelligence

Law360 highlighted Marshall Gerstein’s work as counsel for a coalition of 14 academics and legal experts who filed an amicus brief with the U.S. Supreme Court in Thaler v. Perlmutter. The brief urges the Court to clarify how U.S. copyright law applies to works created through artificial intelligence.

Partner Ryan Phelan told the publication in a statement, “This case sits at the intersection of technology, creativity, and the rule of law. The question before the Court goes beyond AI; it’s about ensuring our copyright framework keeps pace with how Americans create and innovate. The decision will help determine whether U.S. copyright continues to evolve with innovation or falls behind global peers.”

The brief highlights how the work-for-hire doctrine offers a practical and legally grounded framework for assigning authorship and accountability for AI-generated works, similar to how copyright law already treats corporations as authors. It also references the Supreme Court’s 2024 Loper Bright decision, which limited agency deference, noting that the judiciary, not administrative agencies, must interpret ambiguous statutes.

The amici are represented by Ryan, Michael Weiner, and Isaku Begert.

Read Law360’s coverage here.