News & Analysis as of

Intellectual Property Protection Risk Management Copyright Infringement

Farella Braun + Martel LLP

Fair Use at Scale: When Is "Spectacularly" Transformative Use Still Not Fair?

The recent ruling in a lawsuit against Anthropic highlights a growing complexity in how courts are approaching fair use in the context of AI training. Judge William Alsup held that developing Anthropic’s Claude model was...more

DarrowEverett LLP

AI Created It—But Do You Own It? IP Issues Explained

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As artificial intelligence (AI) technologies increasingly generate content, designs, code, inventions, and even music, businesses face a pressing legal question: who owns the output when a machine creates it? The legal...more

Frost Brown Todd

Midjourney Faces Disney Lawsuit Just as Court Backs Fair Use in AI Training

Frost Brown Todd on

On June 11, 2025, Disney and several affiliated production companies filed a federal lawsuit against Midjourney, Inc., a leading artificial intelligence (AI) image-generation platform. The suit alleges “calculated and...more

Troutman Pepper Locke

Fair Is Fair? Navigating Product Integration and Clearance for Content Creators

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When you are in the business of creating content, it’s crucial to know when licenses or permissions are required to use the intellectual property of others (such as copyright and trademarks). In this article, we explore what...more

Loeb & Loeb LLP

Court Orders OpenAI to Retain All Output Log Data: Considerations for ChatGPT Users

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In the ongoing copyright infringement case brought by The New York Times against OpenAI and Microsoft (The New York Times Company v. Microsoft Corporation et al., Case No. 1:23-cv-11195 (S.D.N.Y.)), Judge Ona T. Wang recently...more

Smith Anderson

Copyright Liability Could Cost You and Your Business

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Businesses can unknowingly infringe others’ copyrights in all kinds of ways. It’s important for copyright holders to know their rights. It’s also important for those using copyrighted content to be aware of common pitfalls...more

Fenwick & West LLP

As AI Colors Fashion, Copyright Remains a Gray Area

Fenwick & West LLP on

A U.S. federal appeals court recently ruled that works generated solely by artificial intelligence are not eligible for copyright protection. ...more

Warner Norcross + Judd

Is Your Company’s Insurance Ready for AI Challenges?

Artificial intelligence (AI) is attracting widespread attention due to its significant potential to transform how businesses operate. However, new technology also brings the risk of potential harm due to unforeseen defects,...more

Baker Botts L.L.P.

AI Legal Watch - January 2025

Baker Botts L.L.P. on

Glass Lewis, one of the leading proxy advisory firms, recently updated its policy guidelines for 2025 to include recommendations regarding board oversight of AI. In the new guidelines, Glass Lewis emphasizes the importance of...more

MG+M The Law Firm

Revocation of Executive Order 14110—Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence: Relevance to...

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On January 20, 2025, President Trump revoked Executive Order (EO) 14110—Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, issued on October 30, 2023. EO 14110 was promulgated as a coordinated...more

Saul Ewing LLP

Best Practices for Mitigating Intellectual Property Risks in Generative AI Use

Saul Ewing LLP on

Generative AI (GenAI) is transforming the business landscape, unlocking new possibilities for innovation, productivity, and efficiency. As with any major shift, GenAI comes with its own risks, particularly in intellectual...more

Foster Swift Collins & Smith

What is a Deepfake and How Might it Impact Your Business?

With the rise of generative artificial intelligence (AI) and its various synthetic media outputs, deepfakes are just one of many new risks to businesses. Deepfakes pose considerable threats to companies, potentially damaging...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

Segal McCambridge

Microsoft Corporation Leads the Artificial Intelligence Industry in Bearing Liability for Third-Party Claims Against Consumers

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Microsoft Publishes First Responsible AI Transparency Report - Touted as the "first of its kind," Microsoft's Responsible AI Transparency Report was published on May 1, 2024....more

K&L Gates LLP

Navigating the New Frontier: Insurance for Artificial Intelligence Risks

K&L Gates LLP on

On 27 December 2023, The New York Times filed a lawsuit against OpenAI and Microsoft alleging copyright infringement in connection with OpenAI’s popular ChatGPT technology. This lawsuit is part of the first wave of...more

Wolf, Greenfield & Sacks, P.C.

Insuring Against an IP Disaster

Insurance is part of our daily lives. Health insurance reimburses us if we get sick, life insurance safeguards loved ones if we pass away, and auto insurance reimburses others in case we cause an accident and injure someone...more

A&O Shearman

Desire to harness potential of generative AI drives rising interest in data as an asset

A&O Shearman on

Investors are targeting AI developers and buying proprietary data sets to build new AI businesses. Here we explain how to manage risk in this fast-evolving space. When MIT named generative AI as one of its breakthrough...more

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

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Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

Miller Nash LLP

Generative AI – Competitive Tool or a Tool of Your Own Demise?

Miller Nash LLP on

Most people recognize that generative AI, the use of artificial intelligence to generate content, represents an incredible tool. It allows companies and individuals the ability to automate certain processes, use a powerful...more

Goodwin

Three steps to manage copyright risk when using generative AI to write code

Goodwin on

Companies should ensure they do not infringe on the copyrights of underlying works that are used to train generative AI tools. Generative AI systems are trained on large datasets that can include works that are themselves...more

Hogan Lovells

Bi-partisan legislation would permit U.S. Customs to seize counterfeits infringing design patents

Hogan Lovells on

The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more

Lowndes

Social Media Marketing – How to Protect the IP Rights of your Company’s Greatest Asset

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Social media has dramatically changed the way companies brand and market themselves to the public. Companies of all sizes use social media as the primary line of communication to their customers and the general public....more

Stinson LLP

Two Copyright To-Dos Before Year End

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Tackle the following two tasks before year end to help protect your company from copyright infringement liability and secure your copyright assets in 2018....more

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