Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
Using Copyrighted Works to Train AI
GenAI platforms are powered by large amounts of content inputted into a training system, with the goal of teaching the AI model to produce outputs that mimic the outputs humans would create based on similar prompts. To train these platforms, the content must come from somewhere, and often that content is subject to copyright protection. In December of 2023, the New York Times Company (The Times) filed a complaint in the Southern District of New York against OpenAI, Inc.and Microsoft Corporation (the developers of ChatGPT and Microsoft Copilot, respectively). The Times alleged that the defendants’ GenAI tools copied and used millions of The Times’ copyrighted journalistic content to train their platforms without permission, and to compete against The Times in the journalistic market. Complaint filed with Jury Demand, The New York Times Company v. Microsoft, Corporation, OpenAI, Inc. et al., No. 1:23-CV-11195, Dkt. No. 1 (S.D.N.Y.Dec. 27, 2023). Just a few months prior, a putative class action complaint was filed against OpenAI in the Northern District of California alleging copyright infringement as to works authored by a class of authors without the authors’ consent to train ChatGPT. See, Class Action Complaint, Tremblay et al v. OpenAI, Inc. et al, No. 3:23-CV-03223, Dkt. No. 1 (N.D.Cal. June 28, 2023). The complaint was later amended and consolidated in March of 2024, and now names as plaintiffs Paul Tremblay, Sarah Silverman, Ta-Nehisi Coates, and others. See, First Consolidated Amended Complaint, Tremblay et al v. OpenAI, Inc. et al, No. 3:23-CV-03223, Dkt. No. 120 (N.D.Cal. March 13, 2024).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.
While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum
For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.
From DeepSeek to Distillation: Protecting IP In An AI World
Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding intellectual property. This article examines the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.