Protecting Artificial Intelligence Under Copyright Law: Protectability, Authorship, Registration
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide counsel in protecting artificial intelligence (AI) and AI-created works under copyright law. The panel will examine issues that arise in copyright protection of AI and AI-created works, including protectability, authorship, and registration. The presenters will discuss the state of the law as to copyright protection of these works and how to overcome the challenges and anticipate and minimize the risks of rejection when trying to register such works.
Outline
- Protectability
- Protectability of AI
- Protectability of AI-created works
- Protectability of data compilations
- Authorship/ownership
- Protection in other countries
- Registration
- Importance of registration
- Tips for overcoming challenges and anticipating and minimizing the risks of rejection
- Redaction of trade secrets in copyrightable code
- Registering updates
- Copyright infringement issues relating to AI
Benefits
The panel will review these and other critical issues:
- What hurdles confront counsel when demonstrating authorship of AI and AI-generated works?
- What steps can counsel take to minimize the risk of rejection when seeking copyright protection?
- How does copyright apply to AI-generated works? How does it differ across different jurisdictions?
Faculty
Michael R. Graif
Partner
Brown Rudnick
Mr. Graif’s practice focuses on trademark and copyright enforcement, technology transactions and licensing,... | Read More
Mr. Graif’s practice focuses on trademark and copyright enforcement, technology transactions and licensing, artificial intelligence, trade secrets, fair use, and online brand protection, including social media, publicity and domain name issues. As a Certified Information Privacy Professional (CIPP/US), he also advises his clients on data and privacy rights. Mr. Graif also counsels companies in AI matters. He develops and implements Generative AI guidelines, addressing confidentiality, IP and privacy issues, specifying approved GenAI tools, and training employees on responsible GenAI use. Mr. Graif also helps companies draft and negotiate AI development agreements, with a particular focus on data governance provisions, ensuring protection for developed models and input and output data, together with appropriate indemnities. He teaches social media law as an Adjunct Professor at the University of Pennsylvania Carey Law School and Benjamin N. Cardozo School of Law.
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Lisa T. Oratz
Senior Counsel
Perkins Coie
Ms. Oratz has more than 35 years of experience representing clients at the various intersections of technology,... | Read More
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.
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Scott J. Sholder
Partner, Co-Chair Litigation Group
Cowan DeBaets Abrahams & Sheppard
Mr. Sholder focuses his practice on litigation, counseling, and dispute resolution in connection with entertainment,... | Read More
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.
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