Year: 2025

Dissecting the Half-Year Convention for Depreciation

Half-Year Convention for DepreciationDepreciation can help a business realize tax benefits, maintain compliance with financial reporting requirements, and project asset replacement. The half-year convention for depreciation is an important practice to understand.

For fixed assets, depreciation is recognized and recorded on a 50 percent basis for the initial and concluding years over its schedule. This supposes that fixed assets have been in service for 50 percent of their initial calendar service year upon acquisition. It’s normally implemented by taxation agencies to limit the upper limits for depreciation attestations to 50 percent of the yearly figures.

The balance of the annual 50 percent depreciation amount is recognized/recorded during the depreciation schedule’s last year, as the fixed asset will be removed from service mid-year. Regardless of the type of depreciation – straight-line, double-declining, etc. – the half-year convention applies equally.

This has been instituted because businesses were tempted to buy fixed assets in the third or fourth quarter of a fiscal year and try to deduct it fully via complete depreciation deduction. However, this convention is explicit in that fixed assets in service on or after July 1 may only deduct half of otherwise normal depreciation schedules.

How It Works

In this example, Production Equipment is purchased for $50,000 on April 1, 2022, with a useful life of 7 years. Using the half-year convention, depreciation is as follows:

Straight-line Depreciations = Cost of Asset / Useful Life = $50,000 / 7 = $7,142.86

Half-Year Convention: $7,142.86 / 2 = $3,571.43

This also assumes that there’s no scrap of salvage value. Although there are 7 years for the item’s useful life, with the half-year convention, it’s treated as 8 years for the depreciation schedule:

Year 1: $3,571.43

Year 2: $7,142.86

Year 3: $7,142.86

Year 4: $7,142.86

Year 5: $7,142.86

Year 6: $7,142.86

Year 7: $7,142.86

Year 8: $3,571.43

Context for Depreciation Convention

A depreciation convention gives context on how depreciation is performed by the company. It guides the company on available depreciation methods based on the asset’s useful life, how much the asset can be depreciated once it’s removed from service, and how depreciation is accounted/claimed in the initial and final year during the asset’s recovery period.

Depending on the situation and the type of depreciation convention involved, the following are some different conventions and how they vary:

  • Full Month permits a business to get a complete month of depreciation for the month when the asset has been put in service. There’s no depreciation taken for the month of disposal.
  • Next Month permits a business to start recording depreciation for the fixed assets the following month and being able to record one month of depreciation “when disposed of.”
  • Actual Days permits depreciation to be recorded for every single day an asset is in service during its fiscal year.
  • Mid-Quarter permits depreciation for half of the 3-month business period whenever the asset’s been put in place and disposed of (for both quarters).

Conclusion

While this is illustrative of financial reporting requirements, it’s an important consideration for business owners and their accounting professionals. Optimizing fixed asset depreciation leads to more accurate books, which will help in tax planning.

Preventing a Government Shut Down, Rolling Back Regulations and Clarifying Cryptocurrency Protocols

Preventing a Government Shut Down, Rolling Back Regulations and Clarifying Cryptocurrency ProtocolsFull-Year Continuing Appropriations and Extensions Act, 2025 (HR 1968) – In the nick of time before the midnight deadline that would have otherwise shut down the Federal government, Congress passed a budget bill to fund the rest of the fiscal year that ends Sept. 30. This bill increases funding for the military by $6 billion while reducing non-defense spending by $13 million. The federal funding bill also reduced the amount of funding for the District of Columbia (Washington D.C.) by $1.1 billion, which is paid for by local taxes. This final continuing resolution bill was passed in the House on March 11, in the Senate on March 14, and signed by the president on March 15.

District of Columbia Local Funds Act, 2025 (S 1077) – Just four hours after passing the CR budget bill, Senators passed this new bill to restore Washington funding back to 2024 levels. The reduction of more than $1 billion in funding threatens to impact police, fire, and other services in the city where much of Congress resides. The bill was introduced by Susan Collins (R-ME) and passed on March 14. It is currently under consideration in the House.

Bureau of Ocean Energy Management rule relating to “Protection of Marine Archaeological Resources” (SJ Res 11) – This resolution rolls back a rule imposed during the last administration by the Bureau of Ocean Energy Management. The revoked rule previously required oil and gas companies to identify and submit a report of potential archaeological resources on the Outer Continental Shelf seafloor that could be affected by development. The joint resolution was introduced by Sen. John Kennedy on Feb. 4. It passed in the Senate on Feb. 26 and in the House on March 6. The bill was signed by the president on March 14.

Protect Small Businesses from Excessive Paperwork Act of 2025 (HR 736) – Introduced by Rep. Zach Nunn (R-IA) on Jan. 24, this legislation passed in the House on Feb. 10 and is currently under consideration in the Senate. The purpose of the bill is to extend the filing deadline to the end of the year for businesses to report beneficial ownership information (BOI). This would give the Department of Treasury time to reconsider rules implemented during the Biden administration in order to make sure small businesses are not burdened by excessive and complex regulations. 

GENIUS Act of 2025 (S 919) – This bipartisan bill was introduced by Sen. Bill Hagerty (R-TN) on March 10. It would establish licensing and regulatory requirements for stablecoins, which are cryptocurrency tokens used in the crypto economy and traditional financial markets. Among its provisions, the bill would enable states to regulate stablecoin issuers with a market capitalization of under $10 billion, while larger issuers would be regulated at the federal level. This bipartisan legislation is currently in the early stages of committee reporting.

 

Treasury Declares New Beneficial Ownership Reporting Law Will Apply Only to Foreign Companies

BOI Law Will Apply Only to Foreign CompaniesThe Trump Administration announced it will no longer apply the beneficial ownership information (BOI) requirements of the Corporate Transparency Act (CTA) to domestic companies. This declaration came first via social media, marking a significant shift in policy.

Under this new directive, U.S. businesses are exempt from the BOI reporting requirements of the CTA. The Treasury Department made the initial announcement on social media, followed by an official press release and a Truth Social post from President Donald Trump, who described the requirement as “outrageous and invasive.”

The bipartisan CTA was originally designed to combat illegal activities like drug trafficking and money laundering by limiting the use of anonymous shell companies. While the ownership information would have been available to law enforcement agencies, it would not have been publicly accessible.

In its March 3 website statement, the Treasury Department clarified that it will not enforce penalties or fines related to the BOI reporting rule under current regulatory deadlines established during the Biden Administration. Furthermore, it will not impose penalties against U.S. citizens, domestic reporting companies or their beneficial owners after new rule changes are implemented.

Treasury’s proposed rules will limit required reporting to foreign companies only, though the precise scope remains unclear – whether this applies exclusively to foreign companies registered in the United States or extends to U.S. companies with foreign ownership.

Previously, reporting requirements covered all businesses formed in the United States and foreign companies registered to operate in any U.S. state or tribal territory.

The Financial Crimes Enforcement Network (FinCEN), which oversees CTA enforcement, appears to have been surprised by this policy change. Days earlier, following court decisions that permitted BOI reporting requirements to proceed, FinCEN had announced plans to extend reporting deadlines to March 21. As of the most recent update, FinCEN’s website has not reflected the Treasury’s announcement, and requests for comment went unanswered.

What Happens Now?

This unexpected announcement has created uncertainty for businesses, particularly regarding already-submitted data.

The law required detailed information from “beneficial owners,” including names, birthdates, addresses, and identification documents. Similar information was required from company applicants – typically individuals who helped establish the company.

Millions of companies had already complied before this announcement, raising questions about the handling of submitted information. Inquiries to FinCEN about the fate of this data have not received responses.

The status of pending legal cases also remains uncertain. Cases continue through at least four federal appellate courts, and additional litigation may emerge to compel administration compliance with the law.

Crucially, the Corporate Transparency Act itself remains valid legislation. Despite the Treasury’s position, the executive branch cannot overturn the laws passed by Congress. It can, however, choose selective enforcement – similar to approaches seen with cannabis legislation. This creates potential complications, as future administrations could reinstate full enforcement.

Building Deeper Customer Connections: Leveraging Web3 for Loyalty, Community, and Engagement

Web3 for Loyalty, Community, and EngagementCompetition in business today has become fierce. Each organization is constantly looking for innovative ways to form strong relationships with its customers. Loyalty programs have been used for a long time to build a devoted customer base. As technology advances, new technologies like Web3 are emerging, offering more opportunities to revolutionize loyalty programs, build vibrant communities, and deepen customer engagement.

Transforming loyalty programs through Web3

Loyalty programs help boost customer spending and drive long-term business success. Loyalty program members also generate more revenue than non-members. In the United States alone, the average consumer belonged to more than 15 programs in 2024. However, traditional loyalty programs have encountered problems that include customer disengagement and unclaimed rewards.

Web3-based loyalty programs address these problems by leveraging blockchain technology to create a more engaging, transparent, and valuable experience for customers. With the global Web3 market having a valuation of $4.62 billion by January 2025, there is enormous potential for businesses to innovate in this space. Web3 is the next iteration of the internet, which will help businesses create deeper customer connections through decentralized technologies like blockchain, non-fungible tokens (NFTs), and decentralized autonomous organizations (DAOs).

Why Web3 Loyalty Programs

  1. Enhanced personalization and security
    Web3 loyalty programs provide enhanced customer engagement through hyper-personalization. Businesses can utilize blockchain technology to analyze customer preferences, behaviors, and interactions to customize rewards. This makes every customer feel valued. Using this approach, it becomes easy to focus on those customers who drive the majority of engagement and revenue. The decentralized nature of blockchain also ensures that data remains encrypted, secure, and only accessible with explicit consent.
  2. True ownership of rewards
    In traditional programs, loyalty points exist only within a company’s database. However, Web3 platforms create unique tokens that a customer can own and control. When customers have this kind of authentic ownership, it changes how they perceive and engage with loyalty programs that allow greater flexibility in how they use their rewards.
  3. Interoperability and expanded value
    Traditional loyalty programs, in most cases, limit rewards to a single brand or ecosystem. On the other hand, Web3 loyalty tokens function as universal currencies. This enables global redemption networks — permissionless collaboration through smart contracts and cross-sector partnerships.
  4. NTF-based loyalty rewards
    Instead of receiving generic points, a customer is issued an NFT token. The uniqueness of NFTs adds a layer of desirability and collectability, making the loyalty program more engaging and valuable. The NFTs can be potentially traded or sold on secondary marketplaces, adding more value to customers who can turn their loyalty tokens into liquid assets.
  5. Community driven engagement
    Web3 loyalty programs offer a community-centered approach through shared goals, collective rewards, and member governance through DAOs. By encouraging peer interaction it creates a sense of belonging, shifting focus from individual transactions to collective engagement.
  6. Transparency and trust
    Blockchain infrastructure provides immutable transaction records and enhanced security. Real-time reward tracking is also possible through blockchain technology. This addresses consumer concerns about traditional programs’ security risks. It also builds trust and encourages more engagement.
  7. Reduced unused rewards
    Web3 programs can implement “tokenomics” to prevent the devaluation of rewards and encourage active participation.

Navigating the Web3 landscape

While there is immense potential to build deeper customer connections with Web3, there are some considerations to help businesses approach this landscape strategically.

  • Understand your customers
    Before adopting the Web3 loyalty programs, a business must understand its customers. It is important to find out if they are receptive to these technologies, as well as their digital habits and preferences.
  • Start small
    Beginning with a pilot project and gradually integrating Web3 elements allows for learning and proper adaptation.
  • Focus on value creation
    The key to success when adopting any new technology is providing genuine value to customers. The technology should enhance the customer experience.
  • Educate customers
    Educate customers about the new adoption and provide clear guidance on how to interact with the technology.
  • Stay informed
    The Web3 landscape is rapidly evolving; therefore, it is crucial to stay informed on the latest trends and best practices.

Conclusion

Web3 presents a unique opportunity for businesses to revolutionize loyalty programs through blockchain, NFTs, and decentralized engagement. The ability to prioritize personalization, security, and true ownership will help businesses develop deeper customer connections. Although Web3 might seem complex, the potential benefits for businesses that embrace this evolving technology are significant.

7 Ways to Teach Your Kids to Save

7 Ways to Teach Your Kids to SaveOf all the things you teach your kids when they’re young, saving money just might be one of the most important. Teaching them to delay gratification could help them avoid unnecessary spending and help them learn to value controlling their money. Here are some tips you can use to educate them about this crucial life skill.

Discuss Wants Versus Needs

Often, when your child says, “I need this” he really means “I want this.” Should you hear this, think of it as an opportunity to help him understand the difference between the two. You might explain that a need includes food, shelter, and clothing, while a want is an extra like candy, video games, or the latest pair of sneakers. You can even quiz children at home by pointing out things and asking them if they are needs or wants. This tool can work wonders.

Allow Your Kids to Earn Money

Whether it’s raking leaves or cleaning the house, chores are one of the best ways to teach young ones both the value of work and the value of money – and saving it.

Create Savings Goals

Telling kids that saving money is important might fall on deaf ears. That’s why helping them decide on a goal to work toward is a great way to demonstrate how saving works. It can be a bike, a phone – anything that they want. Helping them track their money can build motivation to continue their chores, with the pot at the end of the rainbow in sight.

Set Up a Savings Place

For younger kids, a piggy bank or mason jar is perfect. For older kids, a savings account or debit cards are smart ideas. To get a feel for what’s out there, here’s a list of the best high-yield savings accounts. If a debit card works better for you, check out FamZoo, Greenlight, or gohenry. All of these apps will even notify you when a purchase is made!

Offer Incentives

Let’s say your child wants to buy a $400 tablet. Offer to match a percentage of what they’ve saved. Or you can offer a $50 bonus when they reach a milestone number, like $200. When they know this up front, there’ll be no stopping them.

Become Their Creditor

If your kid really, really wants something and is too impatient to wait, lend them the money and charge them interest. This way, they learn a valuable lesson: Saving means delaying gratification for a longer amount of time, but if you wait, the item you want to buy will end up costing less.

Let Them Make Mistakes

Putting your kids in charge of their money allows them to make mistakes and learn from them. While you might want to take control and prevent a costly mistake, it might be better to use the error as a teachable moment.

The takeaway from all these saving tips is teaching kids to live within their means. In our day and age, when prices keep going up, it’s one of the best gifts you can give them.

Sources

10 Tips to Teach Your Child to Save Money

Valuation Ratio Calculating the EV / 2P

Valuation Ratio Calculating the EV / 2PWhen it comes to analyzing a company’s financials, there are many avenues we can take. One way is through multiples; calculating the EV/2P multiple is the focus of this analysis.

This ratio looks at a business’ enterprise value against its proven and probable 2P reserves. While ratios or multiples are used in valuing companies, this metric is used chiefly to value gas and oil companies for energy sector analysts. Analysts use this calculation to determine the likelihood that a company’s reserve resources can underpin its functioning and expansion efforts. Along with the ratio, analysts use micro and macro factors to determine a company’s financial health, its growth prospects, and whether the business is undervalued or overvalued.

This multiple is similar in comparison to other valuation multiples such as Price-to-Book (P/B), Price-to-Earnings (PE), Enterprise Value/Earnings Before Interest, Taxes, Depreciation, and Amortization. While these other metrics can also value an oil or gas company, understanding how it’s calculated is essential to why it is sector specific.  

Breaking Down the EV/2P Ratio

EV = Market Value of Equity + Market Value of Debt – Cash and Cash Equivalents

It’s determined by the complete market worth asserted by the bond and equity holders (net of cash).

2P = Proven Reserves + Probable Reserves

The reserves of a company give analysts and investors an idea of the likelihood of the recoverability of reserves being produced and assisting the company’s growth. Proven reserves, often denoted as “P1” or “P90,” are rated at a 90 percent chance of recovering successfully. Probable reserves, also called “P50,” have a 1-in-2 chance of recovering. Both reserve types and their likelihood of being recovered are, therefore, referred to as 2P.  

It’s important to note a third category referred to as “possible reserves.” This category is not factored into the company’s valuation because the 10 percent to 50 percent likelihood of reserve recoverability is too low.  

Example

Illustrating how it’s calculated gives a more complete picture of how to analyze the results. For example, say a business‘ market capitalization is $200 million with a net debt of $100 million, giving it an enterprise value of $300 million. Assuming the company has $10 million of probable reserves, $20 million of proven reserves, and $15 million of possible reserves, the calculation is as follows:

EV = $300 million ($200 million + $100 million)

2P reserves = $30 million ($10 million + $20 million)

Therefore, $300 million/$30 million = $10

Every dollar of its market capitalization is worth $10 based on its 2P reserves. Once the calculation is determined, the ratio of the EV/2P is measured against the energy sector’s average ratio. The higher the EV/2P ratio, especially against its peers, the higher valuation the company has compared to other companies with the same amount of 2P reserves. The company’s shares are sold at a higher multiple than other companies.

It’s important to keep in mind that if a company’s financials are stronger or it’s more efficient and provides a better prospect for investors against its peers, its lofty valuation may be justified. It’s also important to not look at valuing companies exclusively with this ratio/multiple but also review other metrics and the macro-economic conditions before making a final investment decision.

While this multiple is primarily used for the energy industry, those who use it should be mindful to not analyze a company in that lens only, but to use a holistic analysis when valuing any type of company.

Understanding IRS Forms 1099 for Lawsuit Settlements

Understanding IRS Forms 1099 for Lawsuit SettlementsThe Basics of Tax Reporting in Legal Settlements

When you collect a settlement for a lawsuit, you’ll likely also receive a Form 1099 from the IRS. This form serves as a reminder to pay taxes on your settlement; copies are sent to both you and the IRS. These forms match reported income for income tax purposes, making them critical for accurate tax filing.

In lawsuit contexts, two common forms 1099 are issued:

  • Form 1099-MISC: This version can include various types of settlement payments, often termed other income
  • Form 1099-NEC: Used specifically for non-employee compensation

Understanding the Difference Between Forms

The distinction between these forms is significant. A Form 1099-NEC informs the IRS that taxes for self-employment should be collected in addition to income taxes. This form is appropriate if you were a non-employee contractor suing for unpaid compensation.

However, in cases like wrongful termination or emotional distress claims, you’ll want the non-wage portion reported on Form 1099-MISC instead of Form 1099-NEC to avoid unnecessary self-employment taxes. Pay close attention because filing an incorrect form can be difficult to correct later.

Double Reporting: When 100% Becomes 200%

A surprising aspect of legal settlement tax reporting is that defendants often issue forms 1099 totaling 200% of the actual settlement amount.

  • The plaintiff receives a 1099 for 100% of the settlement
  • The plaintiff’s attorney receives a 1099 for 100% of the settlement

This duplicate reporting occurs because the IRS requires defendants to report the full settlement amount to both parties when payments are made jointly or through the attorney’s trust account. This is done because the defendant may not be aware of how the money is ultimately divided between client and attorney.

Legal Fees and Tax Treatment

The U.S. Supreme Court decided in the case Commissioner v. Banks that gross income for a plaintiff typically includes the part of the settlement paid to their attorney as legal fees. This means you might be taxed on money you never actually received.

To address this issue, plaintiffs should understand when they can deduct legal fees:

  • Plaintiffs in employment cases, civil rights cases, and most whistleblower cases qualify for deductions
  • Legal fees must typically be paid in the same year as the settlement (as in contingent fee arrangements)
  • Outside these case types, deducting legal fees becomes much more difficult
  • Even in personal physical injury cases, complications arise if punitive damages or interest are awarded

Tax Planning Before Settlement

It’s best to deal with tax reporting before finalizing your settlement agreement. Consider these strategies:

  1. Include specific provisions about which forms 1099 are to be issued
  2. Specify the recipients, amounts, and even which boxes should be completed on the forms
  3. For physical injury cases that should be tax-free, get written commitments about tax reporting
  4. Consider separate checks to lawyer and client when appropriate (though this may not fully prevent attribution of legal fees to plaintiffs)

Without express provisions in your settlement agreement regarding tax forms, correcting any errors later becomes extremely difficult.

Tax-Free Settlements

Some settlements can be totally free of taxation, such as cases where compensation is granted as damages for physical injury. In typical injury cases like auto accidents, damages should be tax-free, but only if there are no punitive damages and no interest as part of the settlement.

Even when you believe your settlement qualifies as tax-free, securing written confirmation about tax reporting in your settlement agreement provides important protection.

Conclusion

Understanding the tax implications of your lawsuit settlement before signing an agreement can save significant headaches and potentially reduce your tax burden. Consulting with a tax professional who specializes in legal settlements is advisable for complex cases.

Understanding the Differences Between FCFF and NOPAT

What is NOPATWhen it comes to financial analysis, there are two metrics that internal stakeholders and external users, such as investors and analysts, can use to assist with analyzing a business’s operations.

Free cash flow to the firm (FCFF) is used as part of a discount cash flow (DCF) calculation that aids in determining a company’s intrinsic value, helping investors make better informed decisions. This metric provides insight into how much cash flow is available to all funding claimants of the business (be it convertible bond investors, debt holders, and preferred and common stockholders). This is compared to free cash flow to equity (FCFE), which is how much cash flow a business can use if it has zero debt.

While there are many ways to arrive at FCFF, the following is one way to calculate it:

Step 1

Start with Net Operating Profit (NOPAT), which is determined by Earnings Before Interest and Taxes x (1 – Tax Rate)

Step 2

Add Depreciation and Amortization expenses to NOPAT

Step 3

Remove Capital Expenditures

Step 4

Remove Modifications in Net Working Capital

Further Considerations of FCFF Versus FCFE

FCFF assumes there are no payments for interest; nor have any changes in debt been factored in the company’s financial statements. FCFE factors in interest payments and any applicable changes in debt the company may have taken or paid off during the particular accounting time frame. FCFE provides analysts with the ability to determine how efficient a company is and how well (or not) it is at producing cash for equity holders.

Defining NOPAT

NOPAT is a way to see what the company’s operations produce, assuming it has no debt and, accordingly, no outstanding interest expense obligations. It gives analysts and investors an opportunity to look at potential investments with a standardized metric because companies can be seen as having debt and not having debt. It provides easier ability to see if companies can obtain and/or manage debt levels, along with other financial metrics used by investors and analysts.

Along with the already established formula to calculate NOPAT, there’s an alternate formula:

(Net Income + Tax + Interest Expense + Any Non-Operating Gains/Losses] x (1 – Tax Rate)

Operating Earnings = the company’s profits pre interest and taxes (or what the company would earn if it had zero debt, and therefore zero interest expense).

Putting NOPAT in Context

Other important considerations for NOPAT are that it excludes changes in accounts receivable, inventory, accounts payable, and inventory. Additionally, it excludes capital expenditures but accounts for amortization and depreciation.

How NOPAT Assists Analysts and Investors

Businesses can use this data to see how this metric drills down on the business’s core functions. It’s a way to determine how profitable or not a business’ core functions are over shorter and longer time frames. It helps businesses determine how efficient a company is against its competitors since it removes debt and tax comparisons.

Analysis is easier for both businesses looking for acquisitions and for investors. NOPAT helps investors determine which companies are most efficient within their sector based on their main functions. It helps remove the “noise” of debt levels and tax situations.

Looking at these two metrics at face value can seem daunting, but after breaking them down and understanding the differences, it’s easier to see how they aid in financial analysis.

Protecting Critical Supply Chains, Recycling Programs and Victims of Digital Forgeries

s 257, hr 825, s 351, s283, s 146, s281, s246Promoting Resilient Supply Chains Act of 2025 (S 257) – Introduced by Sen. Maria Cantwell (D-WA) on Jan. 2, this bill is designed to promote resilient critical supply chains by identifying, preparing for, and responding to supply chain shocks to critical industries. The ultimate goal of the legislation is to encourage the growth and competitiveness of production and manufacturing in the United States using emerging technologies. The bipartisan legislation is currently under consideration in the Senate.

To prohibit individuals convicted of defrauding the Government from receiving any assistance from the Small Business Administration, and for other purposes (HR 825) – This bipartisan legislation would prohibit a small business with a high-level associate convicted of any crime related to financial misconduct involving a covered loan or grant from receiving any financial assistance from the SBA. It was introduced by Rep. Roger Williams (R-TX) on Jan. 28 and is currently under consideration in the House.

STEWARD Act of 2025 (S 351) – This bill was introduced by Sen. Shelley Moore Capito (R-WV) on Jan. 30. It would establish a pilot grant program to improve recycling accessibility and require the Environmental Protection Agency to collect and report on recycling and composting programs in the United States. The bipartisan bill is currently under consideration in the Senate.

Illegal Red Snapper and Tuna Enforcement Act (S 283) – This bill was introduced by Sen. Ted Cruz (R-TX) on Jan. 28 and is under consideration of the Senate. It would require the development of a standard methodology to identify the country of origin of seafood transported for sale in the United States to support enforcement against illegal, unreported and unregulated fishing.

TAKE IT DOWN Act (S 146) – Also introduced by Sen. Ted Cruz (R-TX), the purpose of this bill (also known as the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act) is to remove visual depictions of intimate acts from the Internet. Currently, machine learning, artificial intelligence and other computer-generated technologies are being used to create digital forgeries of identifiable people, including minors, without their consent. This bipartisan legislation was introduced on Jan. 16, passed in the Senate on Feb. 13, and currently lies with the House.

TICKET Act (S 281) – This bipartisan bill would require sellers of event tickets to disclose all relevant information about ticket prices and related fees to consumers at the point of sale in order to prohibit speculative and predatory ticketing. The legislation was introduced by Sen. Eric Schmitt (R-MO) on Jan. 28 and is under consideration in the Senate.

Interstate Transport Act of 2025 (S 246) – This bill was introduced on Jan. 24 by Sen. Ted Budd (R-NC). It is designed to protect the right of citizens from any state to transport knives to other states without bumping up against state and local prohibitions. Such an act would not be subject to arrest for the possession or transport of a knife without probable cause that the person intends to commit an offense punishable by imprisonment of a year or more. The bipartisan legislation is currently under consideration in the Senate.

Copyright and AI-Generated Images and Videos:

Copyright and AI-Generated Images and Videos

What Businesses Need to Know to Stay Legal

Artificial intelligence (AI) tools are reshaping content creation. It is now easier for businesses to produce images and videos for use on websites, social media, and other digital outlets. All this is possible without the traditional hurdles of expensive photoshoots, special design skills, or complex video production. However, as exciting as it is, business owners must pose and confront the question of whether these AI-generated images and videos are legally safe for commercial use from a copyright perspective.

Understanding AI-Generated Content and Copyright

AI-generated content is created by training algorithms with massive datasets of existing images, videos, and text. The AI models then analyze patterns from the training data to generate new content. However, issues arise concerning the ownership of the generated content. Without clear legal guidelines, the ownership of AI-generated images and videos remains a gray area that leaves businesses and individuals vulnerable to potential disputes.

Most jurisdictions, including the United States and the EU, deny copyright protection to work purely generated by AI as it lacks human authorship. The U.S. Copyright Office stated that only content with human creative input can be eligible for protection. In its January 2025 report, the U.S. Copyright Office also states that copyrightability must be assessed on a case-by-case basis.

Laws differ globally. For instance, while the U.S. copyright office has rejected applications for AI-generated content, the U.K. allows copyright when a significant human intellectual effort guides the output.

Copyright laws do agree that a business risks infringement claims if AI-generated content resembles existing copyrighted material. So far, there has been a surge in the number of copyright lawsuits because of generative AI. A good example is Getty Images sued Stability AI, alleging its Stable Diffusion model copied millions of Getty’s photos without permission.

Generally, despite the efforts made to develop copyright laws for AI output, unlike content created by humans, there still lacks a clear legal framework for ownership and usage rights. For one, laws and legal frameworks struggle to keep up with the speed at which AI technology advances. This means that currently, no definitive, globally recognized legal standards firmly establish the copyright status of AI creations. For a business, although using AI visuals is not inherently legal or forbidden, it is best to be cautious and take due diligence.

Best Practices Every Business Owner Must Keep in Mind

  1. Read the terms of service (TOS)
    Every AI image and video generator has its own unique terms of service. Therefore, it is crucial to examine these terms carefully. Specifically, look for clauses that address issues such as commercial usage, ownership, indemnification, and TOS change policies.
  2. Understand model releases
    This especially applies where the AI-generated images may include recognizable human faces. In the same way that there are rights of publicity and privacy in traditional photography of human models, consider if this also applies to AI-generated faces.
  3. Documentation
    It is crucial to keep a record of each generated AI visual asset. Keep information such as AI platform used, prompts used, date of creation, TOS at the time of creation, and modifications made to the generated visual.
  4. Consider using well-established platforms.
    Although there is no AI platform that offers a 100 percent guarantee of copyright safety, it is safer to lean toward well-established and respected AI generators. Also, platforms trained using licensed or public domain data should be considered.
  5. Adopt the “human-in-the-loop” approach.
    This involves edits such as text overlays, color adjustments, or storyboarding. AI-generated content can be used as a starting point or for inspiration, but it is modified and refined by human designers. This results in a blend of AI assistant and human creative input to potentially mitigate copyright concerns.
  6. Seek expert legal counsel.
    When dealing with content that is central to a business identity, such as branding or major marketing campaigns, it is critical to seek guidance from an attorney specializing in intellectual property law.
  7. Stay informed
    Copyright law in the age of AI is not static; it is actively evolving. It is important, therefore, to commit to staying informed about legal developments, court rulings, and evolving practices. Business content strategies and practices also should be adjusted as the legal landscape changes.

Embrace the Future of Visuals Responsibly and Legally

The transformative power of AI to generate stunning visuals is promising to revolutionize business marketing and communication. However, business owners must approach this technology with a balanced perspective. That is, embracing its potential while avoiding copyright infringement, ensuring ethical content creation, and effectively safeguarding intellectual property assets.