World Wild West: Intellectual Property Challenges with Generative AI

Overview of World Wild West: Intellectual Property Challenges with Generative AI

The rapid adoption of generative AI tools such as ChatGPT, Bing Chat, and Bard has created a slew of intellectual property concerns: disputes over uncompensated and unsanctioned use of copyrighted materials in training data sets, the challenge of patenting AI-created work, and questions over who is entitled to compensation. Led by domestic and international AI and technology law experts, this course reviews what AI is and what makes generative AI distinct, applies existing IP law to generative AI, surveys recent U.S. and European cases, and forecasts likely legal developments and their risks to developers, creators, and users. Part of the AI Legal and Technological Excellence Series.

What you’ll learn in World Wild West: Intellectual Property Challenges with Generative AI

• Understand AI technologies and what makes generative AI distinct
• Identify potential intellectual property issues arising from AI use
• Analyze recent and relevant U.S. and European generative AI cases
• Anticipate future legal developments and risks for AI developers, creators, and users

Curriculum

1. 1. Understanding Artificial Intelligence Technologies and Generative AI

   Reviews what AI is, how it works, and what makes generative AI distinct.

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2. 2. Potential Intellectual Property Issues Arising from AI

   Discusses the application of existing IP law to generative AI and the legal issues the technology raises.

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3. 3. Relevant Cases

   Outlines recent and relevant U.S. and European cases involving generative AI and its IP concerns.

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4. 4. Looking Forward

   Provides expert insight into expected legal developments and their risks for developers, creators, and users.

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Your instructors

Yoav Griver

Partner, Zeichner Ellman & Krause LLP

Zeichner Ellman & Krause LLP

Yoav M. Griver is a partner in the litigation group at Zeichner Ellman & Krause LLP, where his practice covers commercial and financial litigation, copyright and intellectual property litigation, and e-discovery and cybersecurity. He defended Hitachi America in what his firm describes as the longest customs fraud trial in the history of the Court of International Trade, and MasterCard against multidistrict class claims that it was responsible under RICO for internet gambling. Earlier he was litigation counsel at Weil, Gotshal & Manges LLP and prosecuted banking conspiracy, stock fraud and other cases for Israel's Ministry of Justice. He is an adjunct professor at NYU teaching sports law, a co-editor and author of the treatise Dispute Resolution and e-Discovery, and an Order of the Coif graduate of the University of Texas School of Law. At Legal Cyber Academy he teaches on phishing, trade secret disputes and ADR, and current eDiscovery practice.

Ashley Winton

Solicitor, Winton & Winton Solicitors

Mishcon de Reya

Ashley Winton is a data protection, privacy and technology solicitor at Winton & Winton Solicitors, and is ranked by Chambers in Band 3 for UK-wide Data Protection & Information Law. His work covers GDPR matters, including advising companies on international data transfers, as well as encryption and export control, financial regulation and cyber security, for clients including global social media and technology platforms, telecommunications companies, card and payment networks, and early-stage companies using artificial intelligence and machine learning. He was previously a partner in Mishcon de Reya's Innovation department and has held partnerships at White & Case, Paul Hastings, Pillsbury Winthrop and McDermott Will & Emery. He chairs the Data Protection Forum, the oldest data protection association in the UK, and is a Fellow of the Ponemon Institute. At Legal Cyber Academy he teaches on intellectual property challenges raised by generative AI.

Daniel Barsky

Partner, Holland & Knight LLP; Lecturer, University of Miami

Holland & Knight · University of Miami

Daniel J. Barsky is a partner in the Miami office of Holland & Knight LLP, where he focuses his practice on intellectual property, information technology and technology law. His work covers patent protection and prosecution, trademark matters, maintaining and enforcing IP and technology portfolios, licensing and transactions, and complex transactions involving mergers and acquisitions, private equity, joint ventures and multinational development and licensing agreements, along with artificial intelligence, blockchain and digital assets. In litigation he represents clients nationwide in patent, trademark, trade dress, trade secret and copyright infringement, anti-counterfeiting, unfair competition, false advertising and online fraud cases. He is a registered patent attorney with the U.S. Patent and Trademark Office and is admitted in Florida and before several federal district courts. Barsky is a lecturer at the University of Miami and co-directs the University of Miami School of Law Startup Clinic. At Legal Cyber Academy, Daniel Barsky teaches on intellectual property challenges arising from generative AI.