On April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published new guidance on the use of artificial intelligence (AI) based tools in connection with preparing and prosecuting patent and...more
5/9/2024
/ Artificial Intelligence ,
Disclosure Requirements ,
Duty to Disclose ,
Intellectual Property Protection ,
New Guidance ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patents ,
Policies and Procedures ,
Rules of Professional Conduct ,
Trademark Application ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
On March 13, 2024, Utah enacted the Utah Artificial Intelligence Policy Act (UAIP), which imposes certain disclosure requirements on entities using generative AI tools with their customers, and limits an entity’s ability to...more
4/8/2024
/ Artificial Intelligence ,
Consumer Protection Laws ,
Corporate Counsel ,
Cybersecurity ,
Disclosure Requirements ,
Fines ,
Machine Learning ,
New Legislation ,
Penalties ,
Policies and Procedures ,
Popular ,
Reporting Requirements
Tennessee has enacted the Ensuring Likeness, Voice and Image Security (ELVIS) Act, which aims to protect individuals from the use of their persona in connection with “deepfakes” (i.e., fake content generated by artificial...more
4/3/2024
/ Artificial Intelligence ,
Fraud ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Machine Learning ,
Music Industry ,
Name and Likeness ,
New Legislation ,
Private Right of Action ,
Regulatory Agenda ,
State and Local Government ,
Technology ,
Tennessee
Two recent developments, one in the U.S. and one in the U.K., have shed further light on the intersection of patent law and artificial intelligence (AI), particularly with respect to whether AI-generated inventions can be...more
3/25/2024
/ Artificial Intelligence ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
UK ,
USPTO
Two recent developments highlight the challenges companies may face as they explore ways to incorporate AI-based chatbots into their customer service offerings:
- A putative class action filed in California federal...more
2/27/2024
/ Artificial Intelligence ,
Bots ,
CIPA ,
Corporate Counsel ,
Customer Service Calls ,
Customers ,
Cybersecurity ,
Data Collection ,
False Statements ,
Information Sharing ,
Mass Tort Litigation ,
Policy Violations ,
Prior Express Consent ,
Privacy Laws ,
Putative Class Actions ,
Technology
A recent decision by a California district court in J. Doe 1 v. GitHub, Inc., a case brought by computer programmers alleging that their works had been used to train AI models that generate computer code in violation of their...more
A proposed settlement action filed on December 19, 2023, by the Federal Trade Commission (FTC) against Rite Aid Corp. highlights some of the key issues presented when companies use artificial intelligence (AI) for facial...more
1/8/2024
/ Algorithms ,
Artificial Intelligence ,
Commercial Litigation ,
Customer Privacy ,
Customers ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Rite Aid ,
Settlement Proposals ,
Technology Sector
Copyright Office Rejects Application for AI-Generated Work Based on a Photograph --
On December 11, 2023, the Review Board of the United States Copyright Office (Board) rejected a Second Request for reconsideration with...more
Court Grants Motion To Dismiss in Kadrey AI Training Data Case -
In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more
11/27/2023
/ Artificial Intelligence ,
Authorship ,
California ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Derivative Works ,
Dismissals ,
DMCA ,
Intellectual Property Protection ,
Machine Learning ,
Metadata ,
Metaverse ,
Motion to Dismiss ,
Putative Class Actions
In AI Training Case Brought by Thomson Reuters, Court Denies Summary Judgment -
In Thomson Reuters v. Ross Intelligence, a district court largely denied the parties’ cross motions for summary judgment and held that a...more
On October 30, the U.S. government released its long-awaited, sweeping executive order (the AI EO or Order) on artificial intelligence (AI). The Order directs various U.S. government departments and agencies to evaluate AI...more
11/6/2023
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Copyright ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Executive Orders ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Life Sciences ,
Machine Learning ,
National Security ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Technology Sector
Court Largely Grants Defendants’ Motion To Dismiss in AI Training Data Case -
On Monday, a district court largely granted the defendants’ motions to dismiss in Andersen et al. v. Stability AI et al., one of a series of...more
11/3/2023
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
DMCA ,
Fair Use ,
Getty Images ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
Photographs
Copyright Office To Consider AI Proposal as Part of the Current DMCA Triennial Review -
A key feature of the 1998 Digital Millenium Copyright Act (DMCA) is its prohibition of circumventing access controls that have been...more
Copyright Office Rejects Application for Refusal To Disclaim AI-Generated Elements -
The U.S. Copyright Office has once again refused to register a visual work that included elements generated using artificial intelligence...more
9/15/2023
/ Artificial Intelligence ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Machine Learning ,
Technology Sector
On August 30, 2023, the U.S. Copyright Office published a notice of inquiry and request for comment (Notice) in connection with its ongoing study of the copyright law and policy issues raised by artificial intelligence (AI)....more
On August 18, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the Copyright Office in Thaler v. Perlmutter, 1 holding that the office did not act arbitrarily or capriciously or...more
The passage of omnibus federal legislation on the use of artificial intelligence (AI) is unlikely in the short term, but individual federal agencies continue to address the implementation of AI within the areas they regulate....more
8/11/2023
/ Artificial Intelligence ,
Broker-Dealer ,
Comment Period ,
Conflicts of Interest ,
Financial Services Industry ,
Investment Adviser ,
Machine Learning ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
Copyright Office Provides Guidance on the Registration of Works That Include AI-Generated Material -
During a June 2023 webinar, representatives of the Copyright Office provided much needed clarification and guidance on...more
8/3/2023
/ Artificial Intelligence ,
Copyright ,
Copyright Applications ,
Copyright Office ,
Copyright Registration ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Machine Learning ,
Technology Sector
A key building block of artificial intelligence (AI) large language models (LLMs) is that they are trained on vast amounts of content and data. In many cases, this content and data is amassed by running bots or other...more
Among the various types of AI-generated works that are being created and marketed nowadays are works that replicate the sound or visual images of specific artists. In many cases, these works, or the models or tools that...more
Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright...more
The rapid adoption of artificial intelligence (AI) technology into corporate environments has left many organizations understandably struggling with how to identify, measure and manage the unique risks of these nascent...more
As the use of artificial intelligence (AI) to generate new works has expanded rapidly, the U.S. Copyright Office has sought to keep pace by issuing guidance on the application of copyright law to such works. On April 20,...more
The expanding use of artificial intelligence (AI) programs to create content has, not surprisingly, resulted in attempts to register copyrights in AI-generated works. The Copyright Office has formally rejected two such...more
Two new Chinese laws dealing with data security and privacy came into force in the fall of 2021 that are likely to have an impact on many multinational companies operating in China or whose operations touch China. These two...more
11/4/2021
/ Algorithms ,
Artificial Intelligence ,
China ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
International Data Transfers ,
Personal Information ,
Personal Information Protection Law (PIPL)