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Publications
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03.20.2024Protecting Materials Created by Artificial Intelligence (AI) With Lisa OratzPodcastsOn this episode of The Tech Law Hangout, host Jordan Becker is joined by Lisa Oratz to discuss whether AI-created works are protectable under U.S. copyright law.
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02.29.2024Human Authorship Requirement Continues To Pose Difficulties for AI-Generated WorksArticles2023 was a breakout year for generative artificial intelligence, but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the question of when works generated using AI technology are protected under U.S. copyright law, and so far, applicants have not been able to convince the Copyright Office that the AI-generated components of their works are protectable.
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12.14.2023Recent Rulings in AI Copyright Lawsuits Shed Some Light, but Leave Many QuestionsUpdatesThe last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI.
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Fall 2023Legal Landscape Related to AI-Generated Works Remains UncertainArticlesFrom artificial intelligence (AI) tools that can generate highly sophisticated art, music, and conversation to technology capable of recreating Elvis on the big screen, a recent explosion and maturing of generative AI technologies is disrupting all forms of content.
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08.21.2023FTC’s COPPA Enforcement Action Provides Lessons for Edtech ProvidersUpdatesIn the education space, the Federal Trade Commission (FTC) announced an enforcement order against edtech company Edmodo, who it alleged to have violated the Children’s Online Privacy Protection Act (COPPA). Edmodo, a business-to-consumer (B2C) online learning platform, provides K-12 teachers with tools to connect with students and parents, such as virtual classroom spaces.
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07.06.2023Sign ‘O’ the Times: The Supreme Court Rules on Warhol v. GoldsmithUpdatesThe U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn Goldsmith for use as a magazine cover was not fair use.
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06.14.2023Ten Considerations for Developing an Effective Generative AI Use PolicyUpdates
Crafting an appropriate AUP for generative AI is a process that requires careful consideration and collaboration across multiple departments. Each policy will be different, reflecting the company’s business needs and culture, the nature of the intended uses of such tools, and the company’s level of risk tolerance in light of its industry and the applicable evolving legal and regulatory landscape.
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04.20.2023First Lawsuits Arrive Addressing Generative AIUpdatesThis Update is the second in a three-part series on legal issues surrounding generative technologies. This second installment discusses the initial lawsuits filed involving these technologies and how these issues may be addressed by the courts for the first time.
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03.30.2023Four Key Considerations for Implementing the California Age-Appropriate Design CodeUpdatesCalifornia’s Age-Appropriate Design Code is a first-of-its-kind children’s privacy law in the United States that is scheduled to go into effect in 2024. The CA AADC is applicable to online services, products, or features that are likely to be accessed by children.
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03.21.2023Copyright Office Stakes Out Position on Registration of AI-Generated WorksUpdatesThere have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence (AI) technology. First, on February 21st, the Copyright Office issued its much-anticipated decision regarding the registration of a graphic novel by artist Kristina Kashtanova that included images generated using the AI tool Midjourney. Then, on March 15th, the Copyright Office issued a policy statement providing its first guidance on the subject of copyright registration for works generated by AI.
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Upcoming (to be published in March 2023)First Lawsuits Spotlight Legal Risks of Generative AIUpdatesThis will be the second Update in a three-part series on legal issues surrounding generative technologies. This installment will discuss the recent lawsuits that have been filed and the legal issues they raise.
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01.26.2023The Latest Chapter in Copyrightability of AI-Generated WorksUpdatesThis Update is the first in a three-part series on legal issues surrounding generative technologies. This first installment will discuss recent developments regarding the copyrightability of AI-generated works.
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11.08.2017Deadline Approaching for Refiling Designated Agent Information Under Digital Millennium Copyright ActUpdatesLast November, the U.S. Copyright Office issued its Final Rule regarding designating copyright agents under the Digital Millennium Copyright Act (DMCA) and announced a new electronic system for filing such designations.
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01.03.2013FTC Expands Scope of Children's Privacy Law to Keep Pace With New TechnologiesUpdatesOn December 19, 2012, the Federal Trade Commission (FTC) finalized amendments to the Children's Online Privacy Protection Rule (the Rule), which applies to operators of commercial websites or online services that (1) are directed to children under the age of 13 or (2) have actual knowledge that they are collecting personal information from a child under the age of 13.
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10.06.2011FTC Proposes Changes to Children's Online Privacy Protection RuleUpdatesOn September 15, 2011, the Federal Trade Commission (FTC) released the changes it is proposing to make to the Children’s Online Privacy Protection Rule (required by the Children’s Online Privacy Protection Act, or COPPA), which has been in effect since 2000. To address technological developments in the past decade, the FTC is recommending a number of changes.
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07.16.2010YouTube Obtains Summary Judgment in Viacom CaseUpdatesYouTube received a resounding win in a recent decision in the long-running Viacom v. YouTube case.
Presentations
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03.20.2024What Game Companies Need to Know About DeepfakesSpeaking EngagementsModerator
GDC 2024 / Washington, D.C. -
01.10.2024Creation and AI – What Will Humans Do?Speaking Engagements
How will the advent of AI impact the creative process and the content business as we know it? What is the future of IP ownership?
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10.19.2023Digital Deceptions: Balancing the Benefits and Risks of Deep FakesSpeaking EngagementsModerator
Digital Hollywood – AI Bill of Rights, Ethics & the Law / VirtualSAG-AFTRA recently warned that "artificial intelligence poses an existential threat to creative professions." -
10.09.2023ChIPs Pacific Northwest Chapter’s Portland Area Kick Off EventThe ChIPs Pacific Northwest Chapter moderated panel discussions on Generative AI and Copyright Issues (1.0 CLE credits pending) and to learned more about ChIPs and plans for future Portland Area events.
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09.28.2023Protecting Artificial Intelligence Under Copyright LawSpeaking EngagementsPanelist
Strafford / Virtual
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08.24.2023Generative AI and CopyrightSpeaking EngagementsPanelist
Barristers Club of the Bar Association of San Francisco / San Francisco, CA -
07.18.2023Copyright and Licensing Issues in AISpeaking Engagements
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06.01.2023Generative AI and CopyrightSpeaking EngagementsSpeaker
King County Bar Association IP Section / Virtual -
04.25.2023AI Image Generators and Copyright: Eligibility in the U.S., UK, EU, and More; Fair Use, Derivative Works, LiabilitySpeaking EngagementsStrafford
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04.14.2023Generative Artificial IntelligenceSpeaking Engagements
Program Chair and Speaker
Law Seminars International -
10.06.2020Emerging Copyright, Trade Secret, and Trademark Issues in AIWebinarsThis webinar focuses on non-patent intellectual property, including a discussion of copyright, trade secret, and trademark issues that we expect to see arise in the coming years.
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09.06.2020Copyright and Licensing Issues in AISpeaking EngagementsABA Virtual IP Fall Program
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05.28.2020Artificial Intelligence: Practical Legal ImplicationsSpeaking EngagementsiTechLaw
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10.24.2019
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01.23.2019Artificial Intelligence and its Role in CopyrightSpeaking Engagements
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10.04.2018Who Owns the Future of Artificial Intelligence?Speaking EngagementsABA IP West
