As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area and the speed with which it adopted...more
8/7/2024
/ Acquisitions ,
Artificial Intelligence ,
Bias ,
Bots ,
Cross-Border ,
Data Privacy ,
Government Agencies ,
Intellectual Property Protection ,
IP License ,
Machine Learning ,
Mergers ,
Patents ,
Policies and Procedures ,
Regulatory Requirements ,
Trade Secrets
The United States Patent and Trademark Office (USPTO) is holding a roundtable discussion, on August 5, 2024, about the intersection of AI technology and legal protections for individuals’ reputations and name, image, voice,...more
7/30/2024
/ Artificial Intelligence ,
Copyright ,
Digital Media ,
Federal Register ,
Intellectual Property Protection ,
Name and Likeness ,
Regulatory Requirements ,
Right of Publicity ,
Roundtable ,
Technology ,
Trademarks ,
USPTO
The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more
7/16/2024
/ Artificial Intelligence ,
Corporate Counsel ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
New Guidance ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
USPTO
The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more
We recently posted about the Jobiak case which raises the interesting question of whether scraping an AI-generated database of job listings constitutes copyright infringement (among other claims). Plaintiff has submitted its...more
A pending lawsuit raises an interesting copyright infringement question – does scraping an AI-generated database of job listings constitute copyright infringement?...more
Is your M&A target a manufacturing company with automated production, a consumer products business with online sales and marketing or an education company that creates content for students? The increasing use and development...more
5/10/2024
/ Acquisitions ,
Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bots ,
Contract Drafting ,
Intellectual Property Protection ,
Mergers ,
Purchase Agreement ,
Representations and Warranties ,
Technology
According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The...more
5/8/2024
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Deep Fake ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Permanent Injunctions ,
Technology
The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more
3/13/2024
/ Consumer Confusion ,
Copyright ,
Copyright Office ,
Copyright Ownership ,
DMCA ,
Intellectual Property Protection ,
Legislative Agendas ,
Non-Fungible Tokens (NFTs) ,
Patent Ownership ,
Patents ,
Popular ,
Technology Sector ,
Trademark Infringement ,
Trademark Ownership ,
Trademarks ,
USPTO
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
The USPTO has prepared soon to be published supplemental guidance for design patent examination for computer-generated electronic images. This guidance relates to determining whether a design patent claim including a...more
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 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 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
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
Recent patent cases have made it more difficult to obtain utility patent protection for some of the functional aspects of computer software. One way to, at least partially, overcome this is to consider design patent...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
Despite the minimal regulatory enforcement actions against blockchain game companies and NFT issuers, now is NOT the time to become complacent about regulatory issues. As indicated below, many U.S. agencies are increasing...more
1/17/2023
/ Blockchain ,
Celebrity Endorsements ,
Consumer Protection Laws ,
Cryptocurrency ,
Digital Currency ,
Insider Trading ,
Intellectual Property Protection ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Sanctions ,
Securities ,
Securities and Exchange Commission (SEC) ,
Taxation
The National Football League has announced a partnership with Mythical Games to create a blockchain video game called NFL Rivals. The game will use unique, generative 3D NFL franchise-themed NFTs and let players act as a...more
“NFT” was 2021’s word of the year. This isn’t too surprising—they’re everywhere! The market cap for NFT transactions jumped from roughly $400 million at the beginning of 2021 to over $7 billion by year’s end. What’s next...more
Blockchain is one of the most significant new technologies since the internet. It has ushered in what has been referred to as Web3.0. Some of the most popular applications of this technology include NFTs and metaverses....more
2/28/2022
/ Blockchain ,
Corporate Governance ,
Cryptocurrency ,
FinCEN ,
Intellectual Property Protection ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Office of Foreign Assets Control (OFAC) ,
Online Platforms ,
Regulatory Agenda ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Technology Sector