𝗗𝗲𝗳𝗶𝗻𝗶𝗻𝗴 𝘁𝗵𝗲 𝗥𝗶𝗴𝗵𝘁 𝗼𝗳 𝗣𝘂𝗯𝗹𝗶𝗰𝗶𝘁𝘆 The right of publicity is a legal concept that allows individuals to control and profit from the commercial use of their identity, including their name, likeness, voice, and other distinctive characteristics. It prevents unauthorized...

You have of course heard that AI output is not protectable by copyright in the U.S. – or is it?? 𝟏.         𝐂𝐮𝐫𝐫𝐞𝐧𝐭 𝐒𝐭𝐚𝐭𝐞 𝐨𝐟 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭 𝐎𝐰𝐧𝐞𝐫𝐬𝐡𝐢𝐩 𝐟𝐨𝐫 𝐀𝐈–𝐆𝐞𝐧𝐞𝐫𝐚𝐭𝐞𝐝 𝐖𝐨𝐫𝐤𝐬: In the United States, current law does not recognize copyright ownership for works generated solely...

𝐍𝐨𝐭 𝐚𝐥𝐥 𝐥𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐜𝐚𝐧 𝐛𝐞 𝐥𝐢𝐦𝐢𝐭𝐞𝐝. 𝐇𝐨𝐰𝐞𝐯𝐞𝐫, 𝐡𝐞𝐫𝐞’𝐬 𝐚 𝐪𝐮𝐢𝐜𝐤 𝐜𝐡𝐞𝐜𝐤𝐥𝐢𝐬𝐭 𝐭𝐡𝐚𝐭 𝐒𝐚𝐚𝐒 𝐩𝐫𝐨𝐯𝐢𝐝𝐞𝐫𝐬 𝐜𝐚𝐧 𝐫𝐞𝐯𝐢𝐞𝐰 𝐭𝐨 𝐬𝐞𝐞 𝐰𝐡𝐞𝐫𝐞 𝐭𝐡𝐞𝐲 𝐦𝐢𝐠𝐡𝐭 𝐛𝐞𝐭𝐭𝐞𝐫 𝐥𝐢𝐦𝐢𝐭 𝐞𝐱𝐩𝐨𝐬𝐮𝐫𝐞 𝐭𝐨 𝐥𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲: 𝐄𝐧𝐬𝐮𝐫𝐞 𝐈𝐏 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞 𝐌𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐧𝐠 𝐈𝐏 𝐥𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐢𝐧𝐯𝐨𝐥𝐯𝐞𝐬: Due Diligence: Thoroughly vet third-party software...

AI has recommended adding glue to bind cheese to pizza, staring at the Sun for 30 minutes and eating a rock for health once a day. AI hallucinations can be humorous, frustrating and dangerous. 𝗪𝗵𝘆 𝗔𝗜 𝗛𝗮𝗹𝗹𝘂𝗰𝗶𝗻𝗮𝘁𝗲𝘀 AI hallucinations occur when an AI system generates...

The FTC issued a final rule banning non-compete clauses on April 23, 2024. The FTC’s ruling banning non-compete agreements is intended to promote competition and employee mobility, but it could have several negative impacts on the tech industry. However, there have...

As of May 2024, several lawsuits have been filed in federal court challenging the Federal Trade Commission’s (FTC) authority to ban non-compete agreements in employee contracts. The FTC issued a final rule banning non-compete clauses on April 23, 2024. The lawsuits...

  𝐓𝐨 𝐡𝐞𝐥𝐩 𝐩𝐫𝐨𝐭𝐞𝐜𝐭 𝐲𝐨𝐮𝐫𝐬𝐞𝐥𝐟 𝐟𝐫𝐨𝐦 𝐝𝐞𝐞𝐩 𝐟𝐚𝐤𝐞 𝐟𝐫𝐚𝐮𝐝, 𝐥𝐞𝐭’𝐬 𝐭𝐚𝐤𝐞 𝐬𝐨𝐦𝐞 𝐚𝐝𝐯𝐢𝐜𝐞 𝐟𝐫𝐨𝐦 𝐋𝐢𝐭𝐭𝐥𝐞 𝐑𝐞𝐝 𝐑𝐢𝐝𝐢𝐧𝐠 𝐇𝐨𝐨𝐝 𝐡𝐞𝐫𝐬𝐞𝐥𝐟, 𝐭𝐡𝐞 𝐚𝐫𝐜𝐡𝐞𝐭𝐲𝐩𝐢𝐜𝐚𝐥 𝐩𝐨𝐭𝐞𝐧𝐭𝐢𝐚𝐥 𝐯𝐢𝐜𝐭𝐢𝐦 𝐨𝐟 𝐝𝐞𝐞𝐩 𝐟𝐚𝐤𝐞 𝐟𝐫𝐚𝐮𝐝. In today’s digital age, technology has reached new heights, offering convenience and advancements...

SaaS vendors need to seriously consider the consequences of cyber attacks. As the ongoing systems outage at software provider CDK Global stretches into its second week, car dealerships are racking up millions of dollars in losses. According to an estimate by Anderson...

In the digital age, Software as a Service (SaaS) platforms are the lifeblood of many businesses. They streamline operations, enhance productivity, and foster collaboration. However, with great power comes great responsibility—or in this case, great risk. Data breaches...

Toys “R” Us has created a video ad using generative artificial intelligence, depicting its late founder, Charles Lazarus, as a child dreaming of a toy store and Geoffrey the Giraffe. The ad, made with OpenAI’s Sora tool, has elicited mixed reactions, being praised as...

In the United States, copyright law provides robust protections to authors and creators, ensuring their rights are safeguarded and that they can control and benefit from their creative works. One critical aspect of this legal framework is the process of copyright...

𝐃𝐫𝐚𝐟𝐭𝐢𝐧𝐠 𝐚𝐧 𝐢𝐧𝐟𝐫𝐢𝐧𝐠𝐞𝐦𝐞𝐧𝐭 𝐢𝐧𝐝𝐞𝐦𝐧𝐢𝐟𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐜𝐥𝐚𝐮𝐬𝐞 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞 𝐩𝐞𝐫𝐬𝐩𝐞𝐜𝐭𝐢𝐯𝐞 𝐨𝐟 𝐚 𝐒𝐚𝐚𝐒 (𝐒𝐨𝐟𝐭𝐰𝐚𝐫𝐞 𝐚𝐬 𝐚 𝐒𝐞𝐫𝐯𝐢𝐜𝐞) 𝐯𝐞𝐧𝐝𝐨𝐫 𝐫𝐞𝐪𝐮𝐢𝐫𝐞𝐬 𝐜𝐚𝐫𝐞𝐟𝐮𝐥 𝐜𝐨𝐧𝐬𝐢𝐝𝐞𝐫𝐚𝐭𝐢𝐨𝐧 𝐭𝐨 𝐩𝐫𝐨𝐭𝐞𝐜𝐭 𝐭𝐡𝐞 𝐯𝐞𝐧𝐝𝐨𝐫’𝐬 𝐢𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐬 𝐰𝐡𝐢𝐥𝐞 𝐛𝐚𝐥𝐚𝐧𝐜𝐢𝐧𝐠 𝐭𝐡𝐞 𝐧𝐞𝐞𝐝𝐬 𝐚𝐧𝐝 𝐞𝐱𝐩𝐞𝐜𝐭𝐚𝐭𝐢𝐨𝐧𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐜𝐮𝐬𝐭𝐨𝐦𝐞𝐫. 𝐇𝐞𝐫𝐞’𝐬 𝐚 𝐬𝐭𝐞𝐩-𝐛𝐲-𝐬𝐭𝐞𝐩 𝐚𝐩𝐩𝐫𝐨𝐚𝐜𝐡 𝐭𝐨...

𝐘𝐨𝐮 𝐞𝐯𝐞𝐫 𝐰𝐨𝐧𝐝𝐞𝐫 𝐰𝐡𝐨’𝐬 𝐭𝐨 𝐛𝐥𝐚𝐦𝐞 𝐰𝐡𝐞𝐧 𝐚𝐧 𝐚𝐮𝐭𝐨𝐧𝐨𝐦𝐨𝐮𝐬 𝐜𝐚𝐫 𝐦𝐞𝐬𝐬𝐞𝐬 𝐮𝐩? Is it the 🚘 car? The 👨‍💻 programmer? The person who decided to eat a 🥪 sandwich instead of paying attention? I mean, if your car runs a red light, are you gonna say, “Hey, it wasn’t me, 👮‍♂️ officer....

Introduction As AI technology advances, platforms that utilize AI to generate content based on user prompts have become increasingly popular. However, to ensure the responsible use of these powerful tools, AI platforms often implement rules and restrictions on the...

Trade Compliance Supply chain management is an area where we can expect to see AI deeply implemented. However, supply chain management is probably one of the most complex applications – where errors can result in a series of cascading problems. Implementing AI in...

As artificial intelligence (AI) continues to revolutionize the healthcare industry, its application in medical diagnosis offers significant promise. AI can enhance diagnostic accuracy, speed up processes, and enable more personalized patient care. However, integrating...

In the Software as a Service (SaaS) industry, determining the right pricing model is crucial for maximizing revenue, maintaining customer satisfaction, and ensuring scalability. There are various metrics you can use to charge end users for SaaS usage, each with its...

Software as a Service (SaaS) has revolutionized how businesses operate, offering flexibility, scalability, and cost-efficiency. However, SaaS vendors often face significant challenges in managing end user agreements. These agreements are crucial in defining the...

The impending antitrust investigations by the DOJ and FTC into Microsoft, Nvidia, and OpenAI signify a pivotal moment for the AI industry. While these actions aim to prevent anticompetitive practices and preserve market fairness, they also pose potential challenges...

The Colorado AI Act, formally known as “Senate Bill 24-205: Concerning Consumer Protections in Interactions with Artificial Intelligence Systems,” represents a significant legislative step towards regulating the use of artificial intelligence (AI) in consumer...

The FTC’s enforcement actions underscore the agency’s commitment to ensuring that AI technologies are developed and deployed in a manner that protects consumers and maintains fair competition. This is particularly important as AI systems become increasingly...

Over the past year, several significant legal developments in the United States have impacted AI businesses and developers. Here are the ten most important ones. I’ll cover each one of these in more detail with posts over the next several weeks. Follow me on LinkedIn...

Software as a Service (SaaS) has become a cornerstone for businesses of all sizes, offering flexibility, scalability, and ease of use. However, the end user agreements (EUAs) associated with these services often contain critical errors that can lead to confusion,...

In today’s fast-paced, digitally driven world, the adoption of electronic signatures has revolutionized the way we conduct business. As organizations and individuals seek more efficient and secure methods to validate agreements, electronic signatures have become an...

The intersection of artificial intelligence and intellectual property law has once again made headlines, as Scarlett Johansson recently compelled OpenAI to remove a voice from their ChatGPT 4.0 chatbot, “Sky,” that bore a striking resemblance to hers. This development...

The rapid integration of Artificial Intelligence (AI) into healthcare is transforming the landscape of medical services, diagnostics, and treatment options. However, this innovation also brings complex legal challenges, particularly around consent, medical...

Artificial intelligence (AI) is transforming the landscape of traditional contract law, introducing new complexities in contract formation, performance, and enforcement. As AI systems increasingly negotiate and perform contracts on behalf of humans, legal...

Just how intrusive can/will AI be in the lives of the average person? Well, we are all consumers, and that makes us all targets, and as you will see below, the sky is the limit. As artificial intelligence (AI) becomes increasingly embedded in consumer products—from...

As artificial intelligence (AI) continues to reshape industries and societies globally, the urgency for a cohesive regulatory framework that can address the complexities of AI deployment across different jurisdictions has never been clearer. However, harmonizing...

The integration of artificial intelligence (AI) into the criminal justice system promises advancements in efficiency and objectivity. However, this integration is not without significant legal and ethical concerns. As AI technologies like predictive policing, risk...

In the digital age, artificial intelligence (AI) has revolutionized countless industries, offering both unprecedented convenience and powerful capabilities. However, this technological advancement has also brought with it significant privacy concerns, particularly...

In the rapidly evolving landscape of artificial intelligence (AI), companies are increasingly required to navigate complex ethical terrains as they integrate these technologies into their operations. The role of AI ethics in corporate governance has never been more...

The development of AI-generated personal companion applications specifically designed to supplement therapy introduces unique challenges and heightened liability concerns. These applications, which can offer conversation, support, and even mental health advice,...

When purchasing a business that includes artificial intelligence (AI) assets, it’s essential from the buyer’s perspective to carefully consider the representations and warranties included in the acquisition agreement. These serve as the seller’s assurances regarding...

The data used to train artificial intelligence (AI) models plays a crucial role in determining the effectiveness, efficiency, and fairness of these systems. As businesses and researchers seek to acquire data through licensing, understanding the intricacies of data...

The need for diverse and extensive datasets to train large language models (LLMs) is becoming increasingly crucial. The internet, with its vast reservoir of data, is an attractive source for this training material. However, the use of publicly available information...

How to protect intellectual property (IP) rights has become a critical concern for developers and businesses alike when the development process involves use of artificial intelligence. AI’s capability to generate outputs independently can complicate IP rights,...

Introduction In a very bold move, on April 23, 2024, the Federal Trade Commission (FTC) issued a transformative rule that bans almost all non-compete clauses in employment contracts across the United States. This sweeping move aims to enhance worker mobility, boost...

The Utah Artificial Intelligence Policy Act, which takes effect on May 1, 2024, marks a pioneering move in AI regulation within the United States, particularly focusing on consumer protection and transparency in the use of generative AI. Here’s a summary of the key...

On March 21, 2024, in a groundbreaking move, the United Nations General Assembly unanimously adopted its first-ever resolution dedicated to the management and ethical regulation of artificial intelligence (AI). This resolution marks a significant milestone in...

The use of the Defense Production Act (DPA) by President Biden to regulate artificial intelligence (AI) has attracted considerable criticism, centered mainly on concerns of executive overreach, stifling innovation, and the appropriateness of applying this specific...

Fear of the unknown potential impact of AI on society is, understandably, rattling those in power. President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, signed on October 30, 2023, aims to establish...

Samsung lost trade secret protection when its engineers used ChatGPT. These incidents happened last year, but now that artificial intelligence (AI) systems are stampeding into businesses at a breakneck speed, it’s important to first review what happened as a very...

The integration of Artificial Intelligence (AI) into the workplace is transforming how businesses operate, bringing about significant efficiencies and innovations. However, this rapid adoption also raises several legal challenges that organizations need to address to...

As artificial intelligence (AI) continues to evolve and integrate into various industries, the legal considerations surrounding the training of AI models become increasingly complex and crucial. Businesses and developers must navigate a myriad of legal issues to...

The integration of artificial intelligence (AI) into business operations can drive innovation, enhance efficiency, and create significant competitive advantages. However, the deployment of AI also introduces complexities that require thoughtful governance to ensure...

In today’s rapidly evolving technological landscape, the integration of artificial intelligence (AI) into various industries has become increasingly commonplace. From finance to healthcare, AI-powered platforms offer a myriad of benefits, ranging from efficiency gains...

As artificial intelligence (AI) continues to evolve and integrate into various aspects of our lives, it brings not only remarkable advancements but also new security challenges. This post explores the multifaceted security threats posed by AI models, emphasizing the...

On March 13, 2024, the European Parliament made a significant stride in the regulation of Artificial Intelligence (AI) by adopting the Artificial Intelligence Act. This legislation is aimed at ensuring safety, protecting fundamental rights, and fostering innovation...

In the digital age, artificial intelligence (AI) has become a transformative force, powering innovations and efficiencies across numerous sectors, including healthcare, finance, and security. However, as AI applications, particularly those involving big data and...

In recent years, artificial intelligence (AI) has rapidly advanced, infiltrating various sectors, including healthcare, criminal justice, and employment. These technologies promise efficiency, objectivity, and the ability to process vast amounts of data beyond human...

In today’s rapidly evolving technological landscape, artificial intelligence (AI) systems are increasingly integral to various facets of daily life and industry operations. From healthcare diagnostics to autonomous vehicles and personalized digital assistants, AI’s...

In recent years, the emergence of generative artificial intelligence (AI) has not only revolutionized the way we create content but also brought forth a slew of legal and ethical questions, particularly in the realm of copyright protection. As we stand in 2024, the...

The rapid advancement of artificial intelligence (AI) has propelled its integration into various sectors, making it a crucial component of many products and services. As businesses increasingly incorporate AI into their offerings, the complexities of licensing...

Negotiating license terms for an artificial intelligence (AI) platform involves a complex interplay of technical, legal, and business considerations. As AI technologies continue to evolve and permeate various sectors, the importance of crafting well-balanced licensing...

In the swiftly evolving realm of artificial intelligence (AI), the intricacies of license agreements take on a pivotal role. As developers and corporations navigate the uncharted territories of AI innovation, understanding the essential warranties within these...

The music industry has been particularly concerned about negative consequences that can result from unauthorized artificial intelligence impersonation. To address this issue, on March 21, 2024, The Ensuring Likeness Voice and Image Security Act (ELVIS Act) was signed...

All of the below issues should be considered and worked out early on. Sometimes, in the frenzy and thrill of developing a new business, it’s easy to overlook the housekeeping issues. However, dealing with these issues farther down the road might become a major...

If you are a vendor of software, online (SaaS) services, content of any kind, or anything else that can be the subject of an intellectual property infringement claim, then sooner or later (probably sooner), your customers will demand that you indemnify them from any...