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Exploring Generative AI’s Impact on Intellectual Property
Artificial Intelligence (AI) is rapidly reaching into nearly all areas of everyday life, quickly becoming some of the most exciting new tools for creativity. These tools, known as Generative AI (GenAI), advance innovation and efficiency by producing images, text, video, audio, and other forms of content. For some, GenAI is the latest and greatest innovation, while for others, it is an existential threat. In this emerging technological landscape, there are many implications and unanswered questions regarding the protection of intellectual property rights. This article highlights some of the challenges GenAI presents, and recent developments in copyright law and trademark law in this quickly evolving space.
Copyright Law Implications for GenAI
Copyright law protects an author’s exclusive right to exploit their original works through reproduction, preparation of derivative works, distribution, public performance and public display. See, 17 U.S.C. §106. As can be seen from recent headlines, copyright law is implicated by GenAI in at least three ways: 1) the use of copyrighted works to train AI models; 2) the risk that a specific AI-generated work infringes a prior copyrighted work; and 3) the protection of AI-generated works under copyright law.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.