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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Thursday, March 7, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide IP counsel on fair use and copyright concerns in the context of AI. The panel will discuss key considerations for AI companies and offer best practices for ensuring compliance with copyright law.

Faculty

David H. Herrington
Partner
Cleary Gottlieb Steen & Hamilton LLP

Mr. Herrington’s practice and experience span a wide range of litigation, advisory and regulatory matters, with a focus on intellectual property disputes. He has handled multiple suits involving claims of patent infringement, trade secret misappropriation, trademark infringement and copyright infringement, as well as high stakes suits concerning IP licenses. Mr. Herrington also counsels on IP issues in the transactional context, including licensing, M&A and capital markets transactions, the sale of patent portfolios and other matters. His experience in other areas includes regulatory enforcement actions, internal investigations and commercial litigation. Mr. Herrington has conducted a number of IP suits through trial and appeal. He also has successfully represented clients in international arbitrations, evidentiary hearings and appeals.

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Paul H. Arne
Partner
Morris Manning & Martin LLP

Mr. Arne is the co-chair of his firm's Technology Transactions Practice and the Privacy and Security Practice. He represents technology companies and large end users, with a particular emphasis on complex, outsourcing matters, international transactions, open source software, privacy, university technology transfer, and revenue recognition issues. He is also involved with development, manufacturing, and distribution involving medical devices. He has written numerous technology law articles in legal publications and a frequent speaker on the law affecting technology companies.

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Description

The explosion of artificial intelligence has presented many opportunities to improve processes, lighten workloads, and generate new content. However, the development of many new AI systems requires copying and analysis of large amounts of content. Much of this content is readily available on the internet, but a substantial amount is copyrighted. The usage of this content is raising questions and concerns about whether copyrights are infringed and whether the fair use doctrine applies.

Some creators and owners of this content are now suing, asserting that the both the use of their content to train AI systems and the outputs of AI systems infringe their rights under copyright law. Operators of AI systems assert that their use of such content does not infringe or is protected under the doctrine of fair use.

Where does copyright law apply in the training and output of AI systems? When can the fair use defense apply? What guidance can be gleaned from the Supreme Court’s recent fair use decisions in Warhol and Google v. Oracle and leading circuit court decisions?

Listen as our authoritative panel of IP attorneys examines the questions and concerns of copyright and fair use in the context of AI. The panel will also discuss key considerations for AI companies and offer best practices for ensuring compliance with copyright law.

Outline

  1. Where does copyright law apply in the training and output of AI systems?
  2. Guidance from the Supreme Court’s decisions in Warhol and Google v. Oracle
  3. Guidance from leading circuit court decisions

Benefits

The panel will review these and other critical issues:

  • What factors should AI companies and developers consider when using copyrighted content?
  • What lessons can IP counsel draw from recent decisions when asserting fair use?
  • What is the potential liability for copyright infringement in the U.S. and other countries? What steps can be taken to minimize the risk of infringement?