News & Analysis as of

Artificial Intelligence Intellectual Property Protection Algorithms

Ballard Spahr LLP

Novel Ruling Offers Framework for ‘Fair Use’ of Copyrighted Material for Training AI Systems

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The recent federal court finding—that using copyrighted books to train an AI large language model (LLM) qualifies as fair use—provides some guidance for companies developing or deploying generative AI systems and for...more

Jones Day

Two U.S. Courts Address Fair Use in Generative AI Training Cases

Jones Day on

Federal courts continue to address whether training artificial intelligence ("AI") models on copyrighted materials without a license constitutes copyright infringement....more

BakerHostetler

[Podcast] Rev Up! What to Know BEFORE You Use that AI Tool

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Ashley’s guest today is Theresa Weisenberger, a partner at BakerHostetler and co-leader of BakerHostetler’s Artificial Intelligence practice. In this episode, Ashley and Theresa discuss significant issues to consider before...more

Ervin Cohen & Jessup LLP

Timbaland & Suno Highlight The Legal Risks of AI Music Tools

Suno is a leading AI-powered music generation platform which transforms simple text prompts, images, videos, or audio clips into fully produced songs complete with vocals and instrumentation. Last week, renowned music...more

Seyfarth Shaw LLP

Copyright Office Firings Spark Constitutional Concerns Amid AI Policy Tensions

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A day after announcing that “fair use” would not shield AI training models against potential copyright infringement, President Donald Trump fired Shira Perlmutter, Register of Copyrights, and her superior, Librarian of...more

Falcon Rappaport & Berkman LLP

Twin California Rulings Mark a Turning Point for AI‐Copyright Fair Use

In the space of forty-eight hours, two judges of the Northern District of California issued detailed, partially contrasting opinions on whether large language model (“LLM”) training that copies entire books without...more

Kilpatrick

Is Gen AI Really A Threat to Trade Secrets?

Kilpatrick on

The advent of generative artificial intelligence has given rise to a debate about how this innovative technology will affect intellectual property rights and trade secret protections in particular....more

ArentFox Schiff

Disney and Universal Sue Midjourney: Navigating AI Copyright Challenges and Fair Use Implications

ArentFox Schiff on

The Walt Disney Company and Universal City Studios Productions are among the latest plaintiffs to bring a lawsuit against an artificial intelligence (AI) developer....more

McDonnell Boehnen Hulbert & Berghoff LLP

Navigating the Legal Landscape of AI-Generated Code: Ownership and Liability Challenges

Programming is rapidly transforming from a manual, line-by-line exercise into an iterative collaboration between programmers and their large language model (LLM) of choice. Working inside modern integrated development...more

Jones Day

U.S. Copyright Office Issues Guidance on Generative AI Training

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To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more

Mayer Brown

Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks

Mayer Brown on

As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual...more

Sheppard Mullin Richter & Hampton LLP

PTAB Rejects AI-Driven Medical Patent – Not for Novelty, But Eligibility

In a recent decision with important implications for artificial intelligence (AI) driven innovation, the Patent Trial and Appeal Board (PTAB) denied a patent for an AI-based medical tool. The refusal was not because the...more

Robinson+Cole Data Privacy + Security Insider

Employees Hiding Use of AI Tools at Work

A new study by Ivanti illustrates that one out of three workers secretly use artificial intelligence (AI) tools in the workplace. They do so for varying reasons, including “I like a secret advantage,” “My job might be...more

Loeb & Loeb LLP

How Culture, Law and Technology are Redefining Book Publishing

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There are a lot of exciting emerging trends in the book publishing industry that are responsible for its consistent growth....more

Skadden, Arps, Slate, Meagher & Flom LLP

Copyright Office Weighs In on AI Training and Fair Use

On May 9, 2025, the United States Copyright Office (the USCO) released a 108-page report on whether the unauthorized use of copyrighted materials to train generative artificial intelligence (AI) systems is defensible as a...more

BCLP

HK Releases Guideline Concerning Generative AI

BCLP on

On 15 April 2025, the Hong Kong Government’s Digital Policy Office published the Hong Kong Generative Artificial Intelligence Technical and Application Guideline (“Guideline”), which aims to provide operational guidance for...more

DLA Piper

Hong Kong released GenAI Technical and Application Guideline

DLA Piper on

On 15 April 2025, the Digital Policy Office (DPO) of the Hong Kong Government published the Hong Kong Generative Artificial Intelligence Technical and Application Guideline (Guideline), seeking to encourage stakeholders in...more

MoFo Life Sciences

Patent-Eligibility Considerations & Prosecution Strategies for AI-Based Life Sciences Patent Applications

MoFo Life Sciences on

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

McCarter & English, LLP

Court Short-Circuits Artificial Intelligence Patents: Federal Circuit Tightens Standards for Patent Eligibility

What does it take to patent an invention on artificial intelligence or machine learning? According to a recent federal appeals court decision, it takes more than just applying a known technique to new data. Rather, the patent...more

DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

DarrowEverett LLP on

As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

Quarles & Brady LLP

New Federal Circuit Decision - Expect Getting AI/Machine Learning Patents Past 101 to Get Tougher

Quarles & Brady LLP on

The Federal Circuit recently issued a decision in Recentive Analytics, Inc. v. Fox Corp., invalidating the patent claims at issue as directed to ineligible subject matter under 35 U.S.C. § 101. In what it noted was a case of...more

MoFo Life Sciences

Recentive: Raising the Patent-Eligibility Bar in AI-Related Inventions

MoFo Life Sciences on

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

Holland & Knight LLP

Trump Administration Issues AI Memoranda and Executive Order with Government Contracts Impacts

Holland & Knight LLP on

The Trump Administration's policies on artificial intelligence (AI) have been shaped by an executive order (EO) and two memoranda aimed at promoting the use of AI in government operations while ensuring safety, security and...more

BakerHostetler

[Podcast] Slings and Arrows: Trade Secret Trends Reflect a Need for Safeguards

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Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the...more

Arnall Golden Gregory LLP

The Fine Line Between Inspiration and Infringement: Studio Ghibli vs. AI Generator

Studio Ghibli, the iconic Japanese animation studio founded in 1985 by Hayao Miyazaki and Isao Takahata, has consistently served as a pillar of creativity, producing animated films that blend unique visuals with heartfelt...more

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