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Copyright Protections in the Age of AI

Presented by Justin Clark

(196 Ratings)
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Course Description

Length: 1h 4min    Published: 6/20/2024    
In an era dominated by rapid technological advancements, the intersection of artificial intelligence (AI) and copyright law presents unique challenges and opportunities. This course delves into the complex landscape where creativity, innovation, and legal protections converge. Participants will explore the fundamental principles of copyright law as they apply to AI-generated works, examining cases and legislation shaping current interpretations. Key topics include the criteria for copyrightability of AI-generated content, ownership rights over AI creations, and the implications for traditional copyright doctrines such as fair use and derivative works. This course is designed for attorneys practicing in intellectual property law, technology law, and entertainment law, as well as in-house counsel, policymakers, and legal professionals interested in the intersection of AI and copyright protections. By the end of the course, participants will be equipped with practical strategies to advise clients on protecting AI innovations, managing intellectual property rights, and advocating for legal frameworks that balance innovation with creators' rights in the digital age.
Learning Objectives
* Understand the foundational principles of copyright law in the context of AI-generated content.
* Analyze recent legal precedents and legislative updates affecting copyright protections for AI
* Develop strategies for drafting licensing agreements and managing intellectual property rights related to AI technologies
Read the course transcript.

Speaker Q&A

Question
Is there any problem with formally copyrighting a work with the US Copyright Office BEFORE you submit it to a publisher or agent for possible editing and publication? Thanks.
- RobertV
Answer
An author could submit a copyright application for their work before taking such work to a publisher or agent. Such application would help to provide some interim protection for the author while they look for a publishing company/agent. The author may need to file a new copyright application after the work is formally published by a publication company, however, if there are significant changes to the work as the original copyright application may not cover the revised work.
- Justin Clark
Question
Do you have any thoughts on Lanham Act Protection, as opposed to Copyright Protection for example in the case of an AI generated "influencer" for example as that appears to be a new category of content. I mean copyright may be unavailable, and personality rights would not exist, but clearly an identifiable character avatar would potentially be a trademark.
- JeremyB
Answer
"An avatar which a person uses in connection with goods/services they provide (whether in an online or physical context) could be protected as a trademark under the Lanham Act, assuming the mark is distinctive and is not confusingly similar to another trademark used by a third-party. If an AI tool generated the avatar, the owner of the avatar should carefully review the resulting avatar against trademark applications, trademark registrations, and any logos used by third-parties as the AI-tool could have potentially used material to create the avatar which is used as a trademark by a third-party."
- Justin Clark

Presented By:

Justin Clark

Phoenix, AZ

jmc@jclarklawfirm.com

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