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Conversations around generative artificial intelligence are dominating the social stratosphere. By simulating human cognitive thinking, generative AI can produce new types of text, imagery, audio, and synthetic data by using patterns and informational elements obtained from prior works. Because generative AI often relies on pools of data and third-party creations to create new content, there is a concern that generative AI may, whether intentionally or inadvertently, exploit copyright-protected content to develop purportedly original content. Organizations that leverage generative AI tools should be mindful of how the tools are used in a commercial context to mitigate the risk of infringing uses. Likewise, owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement.
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NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble?
By Howard Mulligan
With a view toward injecting some modicum of clarity into the volatile arena of NIL, a plethora of legislation has been enacted at the state level and proposed at the federal level.
Determining Ownership Rights of Social Media Accounts
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi
Whether in the context of artist/entertainment company, employer/employee, franchisor/franchisee or influencer/brand relationships, who owns and controls the social media accounts and associated goodwill sometimes comes into dispute. This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
Trademark Trial and Appeal Board’s View of Parodies
By Susan A. Smith and Doyle S. Tuvesson
While most trademark-related lawyers are familiar with the “Bad Spaniels” and “Chewy Vuitton” federal court decisions on trademark parody, decisions by the USPTO Trademark Trial and Appeal Board on trademark parody marks are rarely examined.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.