ARTFEED — Contemporary Art Intelligence

US Copyright Office Releases AI Copyright Report, DeepSeek and Alibaba Escalate AI War

ai-technology · 2026-04-26

The U.S. Copyright Office published 'Copyright and Artificial Intelligence, Part 2: Copyrightability' on January 17, 2025, concluding that existing legal doctrines are adequate to determine copyright protection for AI-assisted works, provided human contribution is substantial and identifiable. The report cites historical cases like Burrow-Giles Lithographic Co. v. Sarony (photography) and Community for Creative Non-Violence v. Reid (sculpture) to argue that human authorship requires creative control. It distinguishes unpredictable AI outputs from controlled artistic processes like Jackson Pollock's action painting. Meanwhile, the AI arms race between the U.S. and China intensifies. On January 20, 2025, Chinese firm High-Flyer, led by Liang Wenfeng, launched DeepSeek-R1, an open-source AI model rivaling OpenAI's o1, allegedly using smuggled Nvidia H100 chips. OpenAI accuses High-Flyer of intellectual property theft. On January 29, 2025, Alibaba released Qwen 2.5-Max, claiming it surpasses DeepSeek-V3 with a 97% price cut. The U.S. has imposed tariffs on H100 chips to curb China's AI progress. The third part of the Copyright Office dossier will address training AI on copyrighted material, a key issue for OpenAI, Meta, Google, and Alibaba. The report also references the case of Kris Kashtanova, whose graphic novel 'Zarya of the Dawn' initially had its copyright revoked due to AI-generated images, but later advocacy led to recognition of AI as a creative tool.

Key facts

  • U.S. Copyright Office published 'Copyright and Artificial Intelligence, Part 2: Copyrightability' on January 17, 2025.
  • Existing legal doctrines are deemed adequate for copyright protection of AI-assisted works if human contribution is substantial.
  • DeepSeek-R1 launched by High-Flyer on January 20, 2025, rivals OpenAI's o1 model.
  • Alibaba released Qwen 2.5-Max on January 29, 2025, claiming superiority over DeepSeek-V3 with 97% price reduction.
  • OpenAI accuses High-Flyer of using OpenAI's models to train DeepSeek without authorization.
  • U.S. tariffs on Nvidia H100 chips aim to block Chinese AI development.
  • Kris Kashtanova's graphic novel 'Zarya of the Dawn' had copyright revoked then later recognized after advocacy.
  • Third part of Copyright Office dossier will address training AI on copyrighted material.

Entities

Artists

  • Kris Kashtanova
  • Jackson Pollock
  • Maurizio Cattelan
  • Daniel Druet
  • David Slater

Institutions

  • U.S. Copyright Office
  • OpenAI
  • High-Flyer
  • Alibaba
  • Nvidia
  • Meta
  • Google
  • Artribune

Locations

  • United States
  • China
  • Silicon Valley
  • California

Sources