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Copyright Machine Learning Fair Use

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Troutman Pepper

How AI Cos. Can Cope With Shifting Copyright Landscape

Troutman Pepper on

In the ever-evolving landscape of artificial intelligence development, utilizing copyrighted material for training algorithms has not only become the comedy fodder for “Saturday Night Live” cast members, but also a focal...more

HaystackID

Ongoing Legal Battles Over AI Copyright Infringement: Implications for Tech Companies

HaystackID on

The ongoing legal battle between several visual artists and generative artificial intelligence (AI) platforms, including Midjourney and Stability AI, has significant implications for copyright law and its application to AI...more

Barnea Jaffa Lande & Co.

Artificial Intelligence Platforms and Copyright law: is the Legal Belt Tightening?

The decision by a U.S. court to continue deliberating the major lawsuit filed by several visual artists against Generative Artificial Intelligence platforms could call into question how these platforms can operate without...more

Pillsbury Winthrop Shaw Pittman LLP

Discovery Dilemma: An Update on the Legal Battle Between The New York Times and OpenAI

OpenAI’s request for access to The New York Times reporters’ notes, memos and other documents raises complex discovery issues. OpenAI’s defense is requesting access to reporters’ notes and other materials in discovery,...more

Baker Donelson

The Fast-Moving Race Between Gen-AI and Copyright Law

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With the emergence of generative artificial intelligence (AI) platforms such as ChatGPT and Google Gemini, the widespread use of copyrighted works to train the software systems behind these programs is raising pressing legal...more

Proskauer - New Media & Technology

The King is Back (in the Digital Era) | The ELVIS Act, Generative AI and Right of Publicity

On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – U.S. newspapers sue OpenAI and Microsoft, Financial Times of London reaches agreement, ELVIS Act, and more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

ArentFox Schiff

Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

ArentFox Schiff on

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more

DRI

The Challenges of Generative Artificial Intelligence and US Copyright Law

DRI on

In 2010, while I was attending my computer information systems class as a freshman at Arizona State University, my professor introduced me to the concept of Moore’s Law - the observation that the number of transistors on an...more

McDonnell Boehnen Hulbert & Berghoff LLP

Microsoft's Motion to Dismiss NY Times Lawsuit over ChatGPT: How is ChatGPT Like a VCR?

Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT.  While raising some of the same arguments, Microsoft takes a more traditional path with...more

Barnea Jaffa Lande & Co.

US Court Rejects Some of the Claims against OpenAI

A federal court in California recently dismissed some of the claims prominent figures in the entertainment industry have raised against OpenAI, the operator of the artificial intelligence platform ChatGPT. The plaintiffs...more

McDonnell Boehnen Hulbert & Berghoff LLP

OpenAI's Motion to Dismiss NY Times Lawsuit over ChatGPT: Do They Want to Win or Influence Public Opinion?

In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint. But instead of filing a traditional motion to dismiss that argues that the allegations of the...more

Foley & Lardner LLP

Generative AI Systems Tee Up Fair Use Fight

Foley & Lardner LLP on

The surge of generative artificial intelligence (“AI”) systems entering the market faces a barrage of intellectual property challenges in the courts. In one particular flavor, copyright holders allege that the generative AI...more

Sunstein LLP

Examining the Possibility of Compulsory Copyright Licensing for LLM Training

Sunstein LLP on

ChatGPT and similar generative artificial intelligence (AI) tools rely on large language models (LLMs). LLMs are fed massive amounts of content, such as text, music, photographs and film, which they analyze to discover...more

Cozen O'Connor

Fair Use, Copyright, and Trademark Implications of Generative AI

Cozen O'Connor on

While many use generative AI as a fun experiment to see what it produces, others use it as a tool to complete a given task efficiently – the epitome of working smarter not harder. But just how smart is it to (arguably) rely...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Case against OpenAI is Different. Here's Why.

On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright...more

Baker Donelson

Artificial Intelligence and Copyright Law: The NYT v. OpenAI – Fair Use Implications of Generative AI

Baker Donelson on

The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the...more

DarrowEverett LLP

New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

DarrowEverett LLP on

On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more

White and Williams LLP

Generative Artificial Intelligence: Calling for a New Legal Front

White and Williams LLP on

New York Times Copyright Suit and Key Facts - On December 27, 2023, The New York Times Company (“NYT”) filed a Complaint in the Southern District of New York against Microsoft Corporation (“Microsoft”) and several OpenAI...more

Mintz - Antitrust Viewpoints

(Un)fair Use? Copyrighted Works as AI Training Data — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the continued contentious matter of the use of...more

Barnea Jaffa Lande & Co.

Copyrights: The New York Times Sues OpenAI and Microsoft

The New York Times recently filed a lawsuit against OpenAI, which operates ChatGPT, and Microsoft, which collaborates with OpenAI on the platform Copilot, over the defendants’ use of the newspaper’s copyrighted articles....more

Jaburg Wilk

Does AI Infringe on Existing Copyrights?

Jaburg Wilk on

As discussed in my previous article, recent guidance from the Copyright Office and subsequent judicial opinions supporting the Office’s position have made it clear that purely AI-generated works are not protectable by...more

Faegre Drinker Biddle & Reath LLP

Recap: 2023 ANA Annual Advertising and Marketing Law Conference

If artificial intelligence is so great, why can’t it reliably predict the weather? The weekend has just closed on another very rainy Floridian ANA Masters of Advertising Law Conference (Last year we had a hurricane, so...more

Baker Donelson

Artificial Intelligence: Intellectual Property Considerations for Your Business Operations

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INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more

Farella Braun + Martel LLP

Fair Use Question Goes to Trial in AI Copyright Lawsuit – Thomson Reuters v. Ross Intelligence

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross...more

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