On April 10, 2024, the United States Patent and Trademark Office ("USPTO") issued guidance to attorneys about using AI in matters before the USPTO. While there are no new rules implemented to address the use of AI, the guidance seeks to remind practitioners of the existing rules, inform of risks, and provide suggestions for mitigating [...]
Plaintiff authors sued large language model provider OpenAI and related entities for copyright infringement, alleging that plaintiffs’ books were used to train ChatGPT. Plaintiffs asserted six causes of action against various OpenAI entities: (1) direct copyright infringement, (2) vicarious infringement, (3) violation of Section 1202(b) of the Digital Millennium Copyright Act (“DMCA”), (4) unfair competition [...]
The great thing about generative AI is that it is generative. It results in the creation of new content in an efficient way, drawing on vast sources of data. But with that power comes the potential for bumping into issues that range from intellectual property protection to data privacy concerns to reputation management in the [...]
If a human edits a work that an AI initially created, is the human a joint author under copyright law? U.S. copyright law (at 17 U.S.C. § 101) considers a work to be a "joint work" if it is made by two or more authors intending to mix their contributions into a single product. So, [...]
The ability of AI to gather, analyze, and interpret large sets of data can lead to invaluable insights and efficiencies. But as businesses increasingly rely on AI to develop and execute branding strategies, they must be aware of the potential legal issues that can arise. Here are five issues to consider: Data Protection and Privacy [...]
