The US Copyright Office recently released Part 2 of its Copyright and Artificial Intelligence Report, addressing the copyrightability of outputs generated from artificial intelligence (AI) systems. This report is the second...more
As several dozen copyright infringement cases against artificial intelligence (AI) developers continue to proceed through the federal courts, a recent ruling in the District of Delaware suggests that the fair-use defense...more
In its most recent effort to keep pace with advancing technology, the US Food and Drug Administration (FDA) recently issued two draft guidances on the use of artificial intelligence (AI) in the context of drugs, biologics,...more
1/22/2025
/ Artificial Intelligence ,
Biologics ,
Data Privacy ,
Draft Guidance ,
Food and Drug Administration (FDA) ,
Machine Learning ,
Medical Devices ,
New Guidance ,
Pharmaceutical Industry ,
Prescription Drugs ,
Regulatory Requirements ,
Risk Assessment ,
Risk Management
In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information...more
Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity...more
In recent years, Americans and policymakers in Washington, DC, have become increasingly fixated on artificial intelligence (AI), especially generative AI, and the economic and social considerations associated with the...more
On September 29, California Governor Gavin Newsom vetoed SB 1047, one of the most ambitious efforts yet to establish a comprehensive artificial intelligence (AI) regulatory framework in the United States. But for all of the...more
10/2/2024
/ Artificial Intelligence ,
California ,
Contract Terms ,
Deep Fake ,
Disclosure Requirements ,
Governor Newsom ,
Healthcare ,
Insurance Industry ,
Machine Learning ,
New Legislation ,
Political Advertising ,
Pornography ,
Privacy Laws ,
Regulatory Standards ,
Telemarketing ,
Training
The US Senate’s Bipartisan AI Policy Roadmap is a highly anticipated document expected to shape the future of artificial intelligence (AI) in the United States over the next decade. This comprehensive guide, which complements...more
5/20/2024
/ Artificial Intelligence ,
Congressional Investigations & Hearings ,
Disclosure Requirements ,
Intellectual Property Protection ,
Investigations ,
Investment ,
Liability ,
Machine Learning ,
Name and Likeness ,
Privacy Laws ,
Research and Development ,
Transparency
With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year.
In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more
3/27/2024
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Authorship ,
Business Development ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Copyright ,
Copyright Office ,
Defamation ,
Entertainment Industry ,
EU ,
Fair Use ,
General Data Protection Regulation (GDPR) ,
Jack Daniels Properties Inc v VIP Products LLC ,
Machine Learning ,
Media ,
MLB ,
NBA ,
NHL ,
SCOTUS ,
UK ,
USPTO
As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more
3/5/2024
/ 501(c)(3) ,
501(c)(4) ,
Artificial Intelligence ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Crowdfunding ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Fundraisers ,
Independent Contractors ,
Intellectual Property Protection ,
IRS ,
Liability ,
Machine Learning ,
NAICS ,
Nonprofits ,
Office of Foreign Assets Control (OFAC) ,
Privacy Laws ,
Ransomware ,
SNDAs ,
Tax Exemptions
As we enter into this second full year of the artificial intelligence (AI) revolution, a clear understanding of the technology and its legal implications becomes crucial for every General Counsel (GC).
From understanding...more
2/6/2024
/ Artificial Intelligence ,
Copyright Office ,
Corporate Transparency Act ,
Fair Labor Standards Act (FLSA) ,
Fair Use ,
Federal Labor Laws ,
FinCEN ,
Information Technology ,
Infrastructure ,
Infringement ,
Intellectual Property Protection ,
License Agreements ,
Machine Learning ,
Regulatory Oversight ,
Risk Management ,
Software ,
Startups ,
State Labor Laws ,
Technology Sector ,
U.S. Commerce Department ,
U.S. Treasury
The fashion and retail industry experienced another year of considerable change in 2023. As advancements in artificial intelligence (AI) spurred innovation within the industry, consumers and regulators worldwide called for...more
1/30/2024
/ Acquisitions ,
Artificial Intelligence ,
California ,
Class Action ,
Consumers ,
Copyright Infringement ,
Corporate Transparency Act ,
Due Diligence ,
E-Commerce ,
Environmental Social & Governance (ESG) ,
Fabrics ,
Fair Use ,
Fashion Industry ,
FinCEN ,
Forced Labor ,
FTC Act ,
FTC Endorsement Guidelines ,
Initial Public Offering (IPO) ,
Innovation ,
Labor Code ,
Luxury Goods ,
Machine Learning ,
Mergers ,
New Legislation ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Professional Regulators ,
Ransomware ,
Real Estate Market ,
Reporting Requirements ,
Retailers ,
Sustainability ,
The Copyright Act
For better or worse, generative artificial intelligence (GenAI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users,...more
1/4/2024
/ Applications ,
Artificial Intelligence ,
College Admissions ,
Copyright ,
Grants ,
Intellectual Property Protection ,
Machine Learning ,
Patents ,
Professors ,
Remote Learning ,
Research and Development ,
Students ,
Teachers ,
Universities
In an opinion issued on December 11, the US Copyright Office Review Board affirmed a refusal to register a work of art created in part by generative artificial intelligence (AI), concluding that the work lacked the “human...more
On October 30, 2023, President Biden issued an expansive Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI), aiming to establish standards for AI technology to...more
11/8/2023
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Department of Education ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Executive Orders ,
Healthcare ,
Intellectual Property Protection ,
Machine Learning ,
National Security ,
NIST ,
Regulatory Agenda ,
Risk Management ,
Technology Sector
On October 4, the Federal Trade Commission (FTC) hosted a virtual roundtable discussion to understand the impact of generative artificial intelligence (GenAI) on creative fields.
FTC Chair Lina M. Khan acknowledged that...more
This notice signals the Copyright Office’s continued interest in the questions raised by generative AI in the copyright space and offers an opportunity for stakeholders to provide feedback on whether legislative or regulatory...more
For better or worse, generative artificial intelligence (GenAI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users,...more
Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more
8/29/2023
/ Advertising ,
Artificial Intelligence ,
Automotive Industry ,
Biometric Information ,
Clean Energy ,
Clinical Trials ,
Confidentiality Policies ,
Cybersecurity ,
Data Protection ,
Data Security ,
Diagnostic Imaging Services ,
Disclosure Requirements ,
Distribution Rules ,
Driverless Cars ,
Energy Sector ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Ethics ,
Family Offices ,
Fantasy Sports ,
Fashion Industry ,
Fraud and Abuse ,
Greenwashing ,
Healthcare ,
Hospitality Industry ,
Intellectual Property Protection ,
Labor Regulations ,
Life Sciences ,
Logistics ,
Long-Term Care ,
Machine Learning ,
Medical Devices ,
Medical Research ,
Nonprofits ,
Open Source Software ,
Pharmaceutical Industry ,
Popular ,
Prescription Drugs ,
Privacy Laws ,
Privately Held Corporations ,
Regulatory Agenda ,
Renewable Energy ,
Retailers ,
Software ,
Sports ,
Sports Betting ,
Technology Sector ,
Vehicle Navigation Systems
For better or worse, generative artificial intelligence (AI) is already transforming the way we live and work. Retail and fashion companies that fail to embrace AI likely risk losing their current market share or, worse,...more
8/17/2023
/ Advertising ,
Artificial Intelligence ,
Compensation ,
Confidential Information ,
Data Security ,
Distribution Rules ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Ethics ,
Fashion Design ,
Fashion Industry ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Reliability Standards ,
Retail Market ,
Retailers ,
Software
For better or worse, generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making...more
7/24/2023
/ Artificial Intelligence ,
Confidential Information ,
Consumer Product Companies ,
Copyright Office ,
Data Security ,
Enforcement ,
Fair Compensation ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Proposed Regulation ,
Software ,
Supply Chain ,
User-Generated Content
In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more
7/18/2023
/ Artificial Intelligence ,
Business Model ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright Infringement ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Getty Images ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Privacy Laws ,
Putative Class Actions ,
Software ,
User-Generated Content ,
Web Scraping
In an early test of a potential landmark lawsuit involving generative AI coding tools, a claim for breach of open-source licenses partially survived the defendants’ motion to dismiss. The case joins a recent trend of...more
6/16/2023
/ Artificial Intelligence ,
California ,
Coding ,
Copyright Infringement ,
Data Breach ,
Infringement ,
Licenses ,
Machine Learning ,
Motion to Dismiss ,
Open Source Software ,
Popular
For better or worse, generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making...more
6/13/2023
/ Artificial Intelligence ,
Compensation ,
Confidentiality Agreements ,
Data Security ,
Hospitality Industry ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Popular ,
Reliability Standards ,
Software
Generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing...more
6/8/2023
/ Artificial Intelligence ,
Confidentiality Policies ,
Data Security ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Compensation ,
Intellectual Property Protection ,
Machine Learning ,
Nonprofits ,
Open Source Software ,
Popular ,
Regulatory Agencies ,
Reliability Standards ,
Software Developers ,
Trade Associations ,
User-Generated Content