What Really Matters?

Few who truly matter in your life will remember:

You’re salary

How busy you were

How many hours you worked

How many cars you owned

Those who really matter in your life will remember:

How you made them feel

The time you spent with them

If you kept your word

If they could count on you


Can You Copyright AI Generated Content?

Will The New Midjourney AI Image Copyright Case Change Everything? 💡

👉 With artificial intelligence becoming increasingly sophisticated, the lines between human creativity and machine-generated content are becoming blurred. This raises an important question: Who owns the copyright of AI-generated content like images, sounds and videos?

👉 Expanding the conversation a bit, what are some of the pros and cons of using blockchain, smart contracts and NFT technology in business?

👉 What are the biggest mistakes creators and business owners make when trying to leverage this technology?

If you want answers to these questions and are ready to level up your knowledge about the hottest topics in the tech world, then brace yourself for an electrifying conversation with my special guest and one of the leading IP lawyers in the game, attorney James Gatto!

James Gatto (Top IP lawyer at Sheppard Mullin)

James Gatto is a partner in the Intellectual Property Practice Group at the global powerhouse firm of Sheppard Mullin Richter & Hampton LLP. He heads up the Blockchain & Fintech Team, Social Media and Games Team and Open Source Teams and we’ll be talking about all of the above, and more, in addition to answering your questions.

Also joining us will be…

Kristina Kashtanova (the creator/artist behind the “Zarya of the Dawn” digital comic book)

I’m also welcoming Kristina Kashtanova to the stage. She’s the web3 artist and creator behind the digital comic book that made history last week with the US Copyright Office’s AI generative art ruling. Kristina will share her first-hand experience and insights, giving you an exclusive look into what she intended to do with her copyright application.

Bill Young (Head of Games at Twitch)

If his schedule permits, industry veteran Bill Young of Twitch (20+ years of creative solutions in the sophisticated nexus of video games and strategic partnerships) will stop by to say hello and share a few thoughts. Bill brings a unique perspective to the table with experience in gaming, video, advertising, mobile free to play business models, product/service strategy, as well as virtual reality and augmented reality.



We go live at Noon PST (3 PM ET) this Wednesday, March 1, 2023.


Right here on LinkedIn live audio. RSVP here https://lnkd.in/gczmhZaQ


Live Q&A is encouraged. Submit your questions early via DM or raise your hand and join us live on the LinkedIn live audio stage.

See everyone on Wednesday!

Mitch Jackson, Esq.
2013 California Litigation Lawyer of the Year
2009 Orange County Trial Lawyer of the Year
https://mitchjackson.com | https://lnkd.in/ghYCYqqG


⚖️ I’m a lawyer with three decades of experience who enjoys helping others and doing all I can to add value to our community.

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📩 Enjoy my weekly LinkedIn “Web3, Metaverse and AI” Newsletter!

Are you curious about the latest updates on Web3, Metaverse, and Artificial Intelligence? Looking for some expert business and legal tips to help you navigate these emerging technologies? 

Then you will want to experience what I have in store for you – a treasure trove of cutting-edge information, including new platforms, services, and exclusive interviews! Become part of my newsletter community as we explore the brave new world of Web3, Metaverse, and AI and gain the knowledge you need to thrive in this rapidly evolving landscape.


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Effective communication is crucial. It’s the key that unlocks the door to building relationships, inspiring innovation, and achieving success. It’s the bridge that connects people, ideas, and opportunities, enabling us to reach new heights together. 

Each week in the update, I share a new issue focusing on 3+ decades of communication tips, approaches, and ideas as they relate to business, entrepreneurship, persuasion, and trending topics. Subscribe to get full access to the newsletter and website. Never miss an update.


New Copyright Decision re Midjourney AI

Zarya of the Dawn (Registration # VAu001480196)

Can you copyright an image created by Midjourney artificial intelligence?

The short answer is you CANNOT copyright the final Midjourney AI generated image. YOU CAN copyright the “Work’s text” (the written prompt).

Here’s a summary of “Zarya of the Dawn (Registration # VAu001480196)” submission as described by the Copyright Office in its letter dated February 21, 2023. Please note that no legal advice is being given and the following disclaimer is incorporate herein.

Discussion From Copyright Letter

As described in the application and accompanying deposit materials provided by Ms. Kashtanova, the Work is a “comic book” consisting of eighteen pages, one of which is a cover. The cover page consists of an image of a young woman, the Work’s title, and the words “Kashtanova” and “Midjourney.” The remaining pages consist of mixed text and visual material. A reproduction of the cover page and the second page are above.

On September 15, 2022, Ms. Kashtanova submitted an application for the Work and copies of each page of the Work as the deposit copy. In her application, Ms. Kashtanova listed the author of the Work as “Kristina Kashtanova” and stated that she had created a “comicbook.” The application did not disclose that she used artificial intelligence to create any part of the Work, nor did she disclaim any portion of the Work (emphasis added).

The Office reviewed the application on the same day and registered the Work as registration number VAu001480196. Shortly after registering the Work, the Office became aware of statements on social media attributed to Ms. Kashtanova that she had created the comic book using Midjourney artificial intelligence. Because the application had not disclosed the use of artificial intelligence, the Office determined that the application was incorrect, or at a minimum, substantively incomplete. In a letter dated October 28, 2022, the Office notified Ms. Kashtanova that it intended to cancel the registration unless she provided additional information in writing showing why the registration should not be cancelled.

On November 21, 2022, the Office received a timely response from Ms. Kashtanova’s attorney, Mr. Van Lindberg. Letter from Van Lindberg, Taylor English Duma LLP, to U.S. Copyright Office (Nov. 21, 2022) (“Kashtanova Letter”). The letter describes Ms. Kashtanova’s creation of the Work, including specific information about her use of Midjourney. Mr. Lindberg argues that the Work’s registration should not be cancelled because (1) Ms. Kashtanova authored every aspect of the work, with Midjourney serving merely as an assistive tool, and, (2) alternatively, portions of the work are registrable because the text was authored by Ms. Kashtanova and the Work is a copyrightable compilation due to her creative selection, coordination, and arrangement of the text and images.

After explaining the history of Ms. Kashtanova’s application process along with a detailed legal analysis of copyright law as it applies to AI generated art, the Copyright Office determined that the images in the Work that were generated by the Midjourney artificial intelligence technology are not the product of human authorship and not protected by copyright. At the same time, the Copyright Office also determined that Ms. Kashtanova is the author of the Work’s text (the typed prompts) as well as the selection, coordination, and arrangement of the Work’s written and visual elements (as compiled in the comic book) and that part of the submission is protected by copyright.

Read the entire letter from the US Copyright Office dated February 21, 2023. See an earlier letter on the “Entrance to Paradise” AI copyright matter dated February 14, 2022, with similar findings.