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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
Since platforms like Midjourney and DALL-E became popular, using text-to-image models to generate “AI art” has surged, making it increasingly difficult to distinguish between AI-generated art and human-created works. This...more
The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual...more
Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership. Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more
On November 30, 2022, OpenAI captured the world’s attention when it introduced version 3.5 of its ChatGPT service. What began as cocktail hour conversations and funny experiments quickly made its way into boardrooms and...more
Artificial intelligence (AI) is rapidly transforming the world around us, and intellectual property (IP) is no exception. AI is being used to create new and innovative products and services, and it is also being used to...more
Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges,...more
Generative AI (GenAI) surged to the forefront of corporate agendas and public policy debates last year, promising to boost productivity and innovation. What’s in store for AI in 2024?...more
INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more
You are likely already familiar with two US recent decisions that have addressed the copyrightability of AI-generated works: (a) On August 18, 2023, the United States District Court for the District of Columbia ruled in...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
Whether it is a smartphone, a fraud alert received from a financial institution, a vehicle modifying its settings based on current driving conditions, or political ads that will soon infiltrate our airwaves, artificial...more
In Short - The Background: Generative artificial intelligence ("GenAI") tools allow individuals to readily generate content, including works that traditionally would be copyrightable if authored by a human being, such as...more
The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v....more
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
Users probably own the outputs from GenAI tools but it is unlikely that they will be able to prevent others from copying them with patent or copyright protection....more
The three-person Review Board of the U.S. Copyright Office (Board), headed by Register of Copyrights Shira Perlmutter, recently denied an application to register the copyright claimed in a visual work created by artificial...more