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George Carlin Was Funny – Copying His Likeness AIn’t – Estate Settles AI-based Copyright Claims

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

OECD Updates Guidance on Responsible AI

The Organisation for Economic Co-operation and Development (OECD), which works on establishing evidence-based international standards and develops advice on public policies, has issued updated recommendations...more

Responsible AI – Everyone is Talking About it But What Is It?

The development of AI continues to advance at a blistering pace, increasing the need for companies to employ AI governance and adopt policies for the responsible development and deployment of AI. While the term “responsible...more

NIST Updates AI RMF as Mandated by the White House Executive Order on AI

We have now reached the 180-day mark since the White House Executive Order (EO) on the Safe, Secure and Trustworthy Development of AI and we are seeing a flurry of mandated actions being completed. See here for a summary of...more

Massachusetts AG Says Consumer Protection, Civil Rights, and Data Privacy Laws Apply to Artificial Intelligence

Massachusetts Attorney General Andrea Campbell issued an advisory (“Advisory”) warning to developers, suppliers, and users of artificial intelligence and algorithmic decision-making systems (collectively, “AI”) about their...more

Colorado Introduces an AI Consumer Protection Bill

Colorado is the latest state to introduce a bill focused on consumer protection issues when companies develop AI tools. The bill imposes obligations on developers and deployers of AI systems. Additionally, the bill provides...more

USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters

The USPTO issued guidance on February 6, 2024 that clarified existing rules and policies and discussed how to apply them when AI is used in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark...more

NY State Bar Association Joins Florida and California on AI Ethics Guidance – Suggests Some Surprising Implications

The NY State Bar Association (NYSBA) Task Force on Artificial Intelligence has issued a nearly 80 page report (Report) and recommendations on the legal, social and ethical impact of artificial intelligence (AI) and generative...more

AI Legal Updates

The AI landscape is rapidly changing. To keep you up to date on the fast breaking legal updates in the AI space, we will be providing weekly updates summarizing significant news and legal developments, ranging from AI...more

SEC Cracks Down on Over-Hyped AI Claims – Director Says This is Just the Beginning

The SEC has charged and settled claims with two Investment advisers with making false and misleading statements about their use of artificial intelligence (AI). The SEC found that Delphia (USA) Inc. and Global Predictions...more

FTC Warns About Changing Terms of Service or Privacy Policy to Train AI on Previously Collected Data

In a prior article Training AI Models – Just Because It’s “Your” Data Doesn’t Mean You Can Use It, we addressed how many companies are sitting on a trove of customer data and are realizing that this data can be valuable to...more

Florida Joins California in Adopting Ethical Guidelines for Attorney’s Use of Generative AI

The Florida State Bar recently adopted an advisory opinion meant to provide attorneys with guidance on how to use generative artificial intelligence (“GenAI”) without running afoul of ethics rules. In doing so, Florida...more

Artificial Intelligence Legal Issues – 2023 Year in Review and Areas to Watch in 2024

The launch of ChatGPT 3.5 in November 2022 set up 2023 as a year for rapid growth and early adoption of this transformative technology. It reached 100 million users within 2 months of launch – setting a record for the fastest...more

AI Enforcement Update: FTC Authorizes Compulsory Process for AI Investigations

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

Getty Image’s AI Model Training Lawsuit in UK Against Stability to Proceed 

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

AI’s Executive Order and Its Key Healthcare Implications 

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

White House Executive Order on AI Punts on IP Issues

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

Equity and Civil Rights Issues in the White House Executive Order on AI

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

White House Executive Order Ramps Up US Regulation of and Policy Toward AI

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

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

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

Resource Guide for the Copyright Office Artificial Intelligence Initiative

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

5 Things Corporate Boards Need to Know About Generative AI Risk Management

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

Microsoft to Indemnity Users of Copilot AI Software – Leveraging Indemnity to Help Manage Generative AI Legal Risk

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 Rejects Games with AI Assets Over Copyright Concerns

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 Need for Generative AI Development Policies and the FTC’s Investigative Demand to OpenAI

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

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