Generative AI and IP: Confidentiality, Protectability, Risk Mitigation, and Latest Developments

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Thursday, August 3, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide IP counsel on leveraging the use of AI tools while protecting confidential and proprietary information. The panel will address the legal risks of such use and its implications. The panel will discuss how to identify potential legal issues, develop strategies to mitigate risk, and gain insight into the latest developments in the legal landscape.
Faculty

Ms. McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy, and intellectual property law. She works with many of the best-known brands in the country, including H&R Block and the Wm. Wrigley Jr. Co. and its confection brands. Embracing a business-minded approach, she helps clients develop new brand assets and assists them in promoting and advertising their brands and products. Clients--including Turner Broadcasting and its programming properties, for which she handles trademark clearances for new shows, web properties, interstitials and sweepstakes--regularly turn to Ms. McGinn for trademark counseling services. In the advertising and promotions facet of her practice, she works with clients on sweepstakes review, copy review, and promotion design and fulfillment, with an emphasis on internet and interactive advertising and promotions. Ms. McGinn also provides legal services for digital companies and app developers, handling a variety of IP matters and privacy policies and practices relating to websites and mobile applications. As a thought leader in her industry, she frequently speaks at events and conferences. Ms. McGinn also serves as the firm’s first chief diversity partner and co-chair of the Diversity Committee.

Ms. Wiznitzer maintains a transactional practice focused on advertising, media, entertainment, sports and technology. She is experienced in drafting and negotiating a wide range of commercial, corporate, entertainment, sports and financial service agreements and transactions. Specifically, Ms. Wiznitzer advises clients on matters associated with intellectual property, licensing, brand protection and sponsorship, as well as in connection with joint ventures, M&As, broad corporate transactions, new ventures and general corporate matters. Notably, she has worked with professional sports teams and leagues on a variety of corporate and commercial transactions.
Description
The use of generative AI is everywhere. The rapid emergence of tools like ChatGPT present companies of all sizes and types with challenging issues that should be considered. Tools like ChatGPT can generate lyrics, stories, play scripts, software code and more after receiving some basic information.
Copyright may provide protection for AI-generated outputs. However, the Copyright Office has provided guidance indicating that works eligible for copyright protection must be a product of human creativity. What use rights do you have in AI-generated content? When is AI-generated content fair use? If the request was made for the output to be done in a style like that of published author or artist, is that fair use?
Companies and their counsel should carefully consider how they can leverage the use of AI tools while protecting the company's confidential and proprietary information. Join us for a webinar on understanding and navigating the legal risks of the use of AI tools and the implications of that use. Learn how to identify potential legal issues, develop strategies to mitigate risk, and gain insight into the latest developments in the legal landscape.
Outline
- Copyright
- Authorship
- Infringement
- Fair use
- Trade secret
- Right of publicity
- Ethical considerations/concerns
- Developing a generative AI use policy
Benefits
The panel will review these and other key issues:
- How can AI tools be used while protecting confidential information?
- What are the implications for IP ownership when AI tools are used?
- What best practices can counsel employ to leverage the use of AI tools?
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