January saw activity in the copyright infringement lawsuit filed by a group of authors led by comedian Sarah Silverman against OpenAI. A magistrate judge ordered the AI pioneer to produce its datasets, which are used for...more
Crafting an AI Governance policy best suited for your business requires careful consideration of the types of AI, how AI will be used, current and future legislation, and a group of individuals specifically designated to...more
It was a busy year for AI in 2024, and the Benesch AI Commission continued to follow the headlines and stay on top of legal developments. We wanted to take a look back at the year while also looking forward with some...more
1/29/2025
/ Amazon ,
Artificial Intelligence ,
China ,
Emerging Technologies ,
EU ,
Innovation ,
Legal Technology ,
Machine Learning ,
New Legislation ,
Partnerships ,
Pending Litigation ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Risk Management ,
Technology Sector
In the entertainment industry, Sony Music asserted that AI companies don’t have permission to use its recording artists’ works for AI training. In response to the industry’s concerns over the use of AI, members of Congress...more
6/24/2024
/ Actors ,
Artificial Intelligence ,
Artists ,
Class Action ,
Copyright ,
Copyright Infringement ,
Deep Fake ,
Entertainment Industry ,
Executive Orders ,
Facial Recognition Technology ,
Google ,
International Olympic Committee (IOC) ,
Microsoft ,
Music ,
Music Industry ,
Musical Sound Recordings ,
Sony ,
Technology Sector ,
TikTok ,
U.S. Commerce Department
Businesses interacting with Utah residents should act quickly to ensure compliance with newly in effect obligations requiring certain disclosures regarding use of generative AI tools as Utah joins the growing patchwork of...more
Colorado’s comprehensive artificial intelligence legislation signals that future AI regulation is trending toward a state-by-state approach, like data privacy before it, unless federal legislation is enacted. ...more
The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action...more
The use of AI in the justice system and dispute resolution has become a significant topic of conversation. This suggests the first real legal limits on the technology may come from the courts instead of legislation. In one...more
As the development and use of AI continues to grow, the potential for security and safety incidents harming organizations and the public increases. Updated reporting and tracking processes for AI security and safety incidents...more
5/14/2024
/ Artificial Intelligence ,
Biden Administration ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Privacy ,
Data Security ,
Executive Orders ,
Machine Learning ,
National Security Agency (NSA) ,
NIST ,
Proposed Legislation
Marking the first effort to establish an artificial intelligence (“AI”) governance structure for the federal government, the AI Memorandum contains requirements and recommendations for federal agencies’ AI use that...more
5/3/2024
/ Artificial Intelligence ,
Biden Administration ,
Executive Orders ,
Federal Contractors ,
Federal Procurement Systems ,
Governance Standards ,
Innovative Technology ,
OMB ,
Proposed Guidance ,
Public Agencies ,
Risk Management
The newly promulgated measures increase the threshold of data triggering security assessments and contract requirements while leaving room for Chinese authorities to heavily restrict cross-border data transfers.
In...more
4/1/2024
/ China ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Free Trade Zone ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
New Regulations ,
Personal Information ,
Personal Information Protection Law (PIPL) ,
Regulatory Requirements ,
Risk Assessment ,
Security Risk Assessments ,
Sensitive Personal Information ,
Standard Contractual Clauses
Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create...more
3/27/2024
/ Artificial Intelligence ,
Artists ,
Audio Recording ,
Biden Administration ,
Civil Liability ,
Executive Orders ,
Infringement ,
Intellectual Property Protection ,
Liability ,
Machine Learning ,
Misappropriation ,
Music Publishing ,
Musical Sound Recordings ,
Name and Likeness ,
New Legislation ,
Photographs ,
USPTO
Artificial intelligence (AI) and its ability to generate content closely resembling human output present issues with respect to IP ownership.
Maybe you have asked ChatGPT to create a flashy advertisement or write some code...more
3/25/2024
/ Artificial Intelligence ,
Authorship ,
Biden Administration ,
Copyright ,
Copyright Office ,
Executive Orders ,
Intellectual Property Protection ,
Inventors ,
Machine Learning ,
Ownership Rules ,
Patents ,
Popular ,
The Copyright Act ,
Trademarks ,
USPTO
In today's digital landscape, the convergence of intellectual property (IP) and artificial intelligence (AI) presents both unparalleled opportunities and unique challenges for businesses across industries. As AI continues to...more
3/11/2024
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Defense Strategies ,
Due Diligence ,
Enforcement ,
Intellectual Property Protection ,
IP License ,
Machine Learning ,
Patents ,
Trademarks
The amended rule requires financial institutions to notify the FTC within 30 days of discovery of a security breach involving information of at least 500 consumers. ...more
With growing concerns related to how artificial intelligence is developed, regulated, and implemented in the United States, this Executive Order represents possibly the first of several governmental actions to address this...more
11/29/2023
/ Artificial Intelligence ,
Biden Administration ,
Civil Rights Act ,
Competition ,
Consumer Protection Laws ,
Data Privacy ,
Data Security ,
Defense Production Act ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Government Agencies ,
Innovation ,
National Security ,
OMB ,
Policy Memorandums ,
Privacy Laws ,
Public Comment ,
Social Equity Programs ,
U.S. Commerce Department