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For any business, one of the first key steps in launching a brand is to file for a copyright and trademark on the logo. After all, you want to ensure your competitors use something similar in their branding to capitalize on your name.
The attorneys at The Orlando Law Group regularly help businesses protect their brands. Every company should go through this process.
However, with the advent of AI, more small businesses are turning to technology to create a logo for free or low cost, rather than hiring a branding company and using a professional graphic designer for their logo.
Unfortunately, most of these AI-created logos cannot be trademarked or copyrighted because case law has repeatedly said that only human-generated art can be copyrighted. This includes company logos and other graphics created by a company.
For years, the U.S. Copyright Office has been looking at the use of AI in art and graphic design. They have insisted that at the foundation of American copyright law is that the art was designed by humans.
However, in January this year, the U.S. Copyright Office approved its first copyright for an art piece that was largely designed by artificial intelligence.
The graphic was named "A Single Piece of American Cheese." The AI company that made the graphic, Invoke, filed for copyright a few years ago and was initially rejected.
The company appealed the decision to the U.S. Copyright Office and won after showing how the CEO of the company took a computer-generated graphic and instructed very specific changes to alter the graphic.
In that case, though, the entire graphic was not copyrighted, only the very specific elements changed by the CEO.
While this is a step forward, it still reiterates that any business should be cautious in using AI to create graphic images, especially those as central to the company as its logo, otherwise the business could be allowing its competitors to use the business's brand without any repercussions.
The attorneys at The Orlando Law Group help with all types of legal issues for businesses with their copyrights and trademarks in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
