AI Image Generators and Copyright: Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, Liability

Mr. Graif is an intellectual property attorney whose practice encompasses trademark and copyright enforcement, technology and licensing transactions, patent and trademark portfolio management, and counseling clients on intellectual property issues that arise in business deals. He also has extensive experience in cybersecurity, privacy, and social media law, and is a Certified Information Privacy Professional/US. His clients range from start-ups to Fortune 500 companies in a broad range of industries, including technology, manufacturing, sports & entertainment, and digital & social media. The rights enforcement side of Mr. Graif’s practice includes trademark, copyright, and patent matters, domain name proceedings, and advising clients on publicity and privacy rights. His IP transactional work includes drafting licensing, joint venture, and other agreements involving trademarks and technology. Mr. Graif teaches social media law as a Lecturer in Law at the University of Pennsylvania Law School and an Adjunct Professor at Benjamin N. Cardozo School of Law.

Ms. Oratz has more than 35 years of experience representing clients at the various intersections of technology, intellectual property (IP), and entertainment law.  Her practice includes product counseling work for clients, with a focus on IP matters, content liability, and privacy and regulatory compliance, and she also routinely helps clients with drafting and negotiating license agreements, collaboration and joint venture agreements, development agreements, and other complex commercial contracts. Ms. Oratz devotes much of her practice to emerging technologies and is known for her innovative work on legal issues involving artificial intelligence (AI). This includes extensive work in the area of generative AI, including developing IP protection and risk mitigation strategies. Ms. Oratz also regularly counsels clients regarding the clearance, protection, and licensing of copyrights, trademarks, and name, image, and likeness rights, and handles a wide variety of entertainment, sports and marketing-related matters. She is co-lead of the Film & Television industry group. Ms. Oratz works with a wide variety of clients, ranging from Fortune 500 companies and other industry leaders to small, cutting-edge start-ups.  She is a frequent writer and speaker on intellectual property, data licensing and contracting issues, especially relating to artificial intelligence.

Mr. Sholder focuses his practice on litigation, counseling, and dispute resolution in connection with entertainment, media, art, and IP matters. He represents and advises clients across various industries in copyright, trademark, trade secrets, right-of-publicity, unfair competition, domain name, and commercial and business disputes, as well as defamation defense. Mr. Sholder has appeared in federal and state courts around the country as well as administrative and arbitral tribunals and has handled cases from pre-suit negotiations through trial, post-trial procedures, and appeals. He is a frequent writer and speaker on issues related to copyright and trademark in the entertainment and digital media space, with a recent focus on generative AI.