For users of generative AI programs, a growing concern has been with potential liability resulting from infringement claims by copyright owners whose materials were used to train the AI. At its annual DevDay conference in early November, OpenAI became the
Latest from Internet & Social Media Law Blog
Supreme Court Weighs Whether Refusing to Register TRUMP TOO SMALL Trademark Violates First Amendment
On November 1, 2023, the U.S. Supreme Court engaged in a thought-provoking deliberation concerning the intersection of the First Amendment to the U.S. Constitution and U.S. trademark law, Vidal v. Elster, Supr. Ct. Case No. 22-704. The case considers whether
Federal Circuit Limits Fraud-on-the-PTO Claims, But Leaves Chutter Recklessness Standard Intact
On October 18, 2023, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a U.S. Trademark Trial and Appeal Board (TTAB) decision in Great Concepts, LLC v. Chutter, Inc., in which the Board canceled Great Concepts’ trademark
New Lawsuit Challenges AI Scraping of Song Lyrics
Privacy Advocates Raise Concerns with New Mobile Driver’s Licenses
In 2021, the Department of Homeland Security started a process of adopting regulations for mobile driver’s licenses. The Transportation Security Administration (TSA) has since begun allowing mobile driver’s licenses as identification at airports, and several states jumped on the bandwagon,
5 Important Takeaways from the 2023 #shifthappens Conference
In speaking at this past week’s #shifthappens Conference, I had the pleasure of discussing both the potential and pitfalls posed by generative AI with fellow panelists David Pryor Jr., Alex Tuzhilin, Julia Glidden and Gerry Petrella. Our wide-ranging discussion covered
“Copyright Implications of Generative AI” and the 2023 AIPLA Annual Meeting
On October 20, at 9:15 a.m., colleague and frequent contributor Sam Eichner will present on “Copyright Implications of Generative AI” during the Copyright and Trademark track at the 2023 AIPLA Annual Meeting.
The event will host over 1,000 IP practitioners
The New UK-U.S. Data Bridge
The UK and U.S. Governments have now formalized the UK-U.S. Data Bridge. The U.S. Attorney General designated the UK as a “qualifying state” for the purposes of the Executive Order 14086 on September 18, 2023, and the UK regulations implementing
Stand-Alone AI-Generated Content Is Not Copyrightable
On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to overcome the Copyright Office’s