By Jonathan Moskin and Rachel Pauley | February 7, 2024
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
By Maria Dinzeo | February 6, 2024
Valerie Ho helped craft the fast-fashion giant's global legal and compliance structure and was helping it fend off questions about its IP and labor practices as it preps for an IPO.
By Jane Wester | February 5, 2024
Plaintiffs argue that OpenAI's large language models "endanger authors' ability to make a living, in that the LLMs allow anyone to generate—automatically and freely (or very cheaply)—texts that they would otherwise pay writers to create."
Litigation Daily | Conversation
By Ross Todd | February 5, 2024
David Marriott of Cravath, Swaine & Moore discusses his work on behalf of photographers Donald Graham and Eric McNatt whose images appropriation artist Richard Prince infringed in his Instagram-based "New Portraits" series.
By Alex Anteau | January 30, 2024
The most common rationale for the dearth of patent filings has been "the economy," however, the report also notes jurisdictional changes may be a cause.
By Mason Lawlor | January 26, 2024
This case was first surfaced by Law.com Radar.
By Stan Soocher | January 26, 2024
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
Daily Report Online | Analysis|Commentary|Event
By Alex Anteau | January 24, 2024
If user inputs are used to train models such as ChatGPT, can lawyers input their clients confidential information when generating motions, briefs or patent applications? How does scraped data used to train AI co-exist with the right to be forgotten? And when it comes to filing patents and copyrights for works produced by AI, who owns it?
New York Law Journal | Analysis
By Robert W. Clarida and Thomas Kjellberg | January 19, 2024
To ring out the old year on an otherworldly note, the Western District of Pennsylvania issued a preliminary injunction in a case involving the unauthorized copying of an inflatable adult Halloween costume that created the "whimsical" illusion that the wearer was being carried around by a seven-foot-tall green space alien.
By Isha Marathe | January 18, 2024
Terms like 'memorization,' 'generalization,' and even the particularly visceral 'regurgitation,' have circulated in copyright lawsuits against generative AI developers. These terms will matter when cases go to court.
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