On November 21, 2023, the Federal Trade Commission (“the FTC”) announced its approval of an omnibus resolution authorizing the use of compulsory process for nonpublic investigations concerning products or services that use...more
A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models...more
Last week’s historic executive order (EO) on the development and use of artificial intelligence (AI) is teeming with urgency, both in caution and optimism, to keep pace with the technological advancements. The EO addresses...more
11/13/2023
/ Artificial Intelligence ,
Biden Administration ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Healthcare ,
OMB ,
Privacy Laws ,
Private Sector ,
Public Sector ,
Regulatory Agenda
The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises...more
11/10/2023
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Enforcement ,
Executive Orders ,
Information Sharing ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Machine Learning ,
Strategic Planning ,
Technology Sector
The White House’s Executive Order On The Safe Secure And Trustworthy Development And Use Of Artificial-Intelligence (“EO”) addresses many equity and civil rights issues with AI and mandates certain actions to ensure that AI...more
11/9/2023
/ Artificial Intelligence ,
Biden Administration ,
Department of Justice (DOJ) ,
Equity ,
Executive Orders ,
Legislative Agendas ,
Machine Learning ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Technology Sector
The US just catapulted into being the world leader on regulating AI. Bypassing Congress, the White house issued an Executive Order focusing on safe, secure and trustworthy AI and laying out a national policy on AI. In stark...more
The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of...more
10/4/2023
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance ,
Popular
Using generative AI raises numerous copyright issues. In response, the US Copyright Office (USCO) has undertaken a new Artificial Intelligence Initiative (“AI Initiative”). This guide is a high level overview and a collection...more
10/4/2023
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance ,
Popular
The use of artificial intelligence (AI) is booming. Investors and companies are pouring cash into the space, and particularly into generative AI (GAI), to seize their share of the market which McKinsey reports could add up to...more
9/14/2023
/ Artificial Intelligence ,
Board of Directors ,
Business Development ,
Business Strategies ,
Capital Markets ,
Corporate Governance ,
Fiduciary Duty ,
Investors ,
Machine Learning ,
Risk Management ,
Technology ,
Venture Capital
The rapid growth of generative AI (GAI) has taken the world by storm. The uses of GAI are many as are the legal issues. If your employees are using GAI, they may be subjecting your company to many unwanted and potentially...more
Valve has reportedly adopted a policy to reject games that use AI-generated content over infringement concerns. A developer posted on the “aigamedev” subreddit that in response to submitting a game with some assets that were...more
The Federal Trade Commission (FTC) has been active in enforcements involving various AI-related issues. For an example, see Training AI Models – Just Because It’s “Your” Data Doesn’t Mean You Can Use It and You Don’t Need a...more
The U.S. Congress has introduced a bipartisan bill that would create a National AI Commission (“Commission”). A focus of the Commission will be to ensure that through regulation, the United States is mitigating the risks and...more
Many companies are sitting on a trove of customer data and are realizing that this data can be valuable to train AI models. However, what some companies have not thought through, is whether they can actually use that data for...more
In Part 1 of this article, I addressed various legal issues that can arise with AI-based code generators. Many of these problems stem from using open source to train the models and the compliance obligations imposed by the...more
While you were asking ChatGPT to create a 3-course menu for the upcoming book club you’re hosting or to explain the Rule Against Perpetuities, several federal government agencies announced initiatives related to the use of...more
5/1/2023
/ Artificial Intelligence ,
Automated Systems ,
Bots ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Infringement ,
Machine Learning ,
NIST ,
Open Source Software ,
Patents ,
Rule Against Perpetuities ,
Technology Sector
AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise...more
Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes...more
The National Telecommunications and Information Administration (NTIA) has issued a Request for Comments (RFC) on Artificial Intelligence (“AI”) system accountability measures and policies to advance its efforts to ensure AI...more
Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in...more
On March 16, 2023, the U. S. Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated...more
The U.S. Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology...more
Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create...more
The rapid rise of AI used with advertising, marketing and other consumer facing applications has caused the FTC to continue to take notice and issues guidance. For example, the FTC is concerned about false or unsubstantiated...more
The number of patents for inventions based on artificial intelligence, machine learning and deep learning continues to grow rapidly. Some of these inventions relate to AI technology per se, and some relate to the use of AI in...more
1/8/2020
/ Artificial Intelligence ,
Blockchain ,
Comment Period ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Patent Applications ,
Patent Examinations ,
Patents ,
Popular ,
Public Comment ,
USPTO