Generative AI: The New Copyright Frontier

Workforces are increasingly using generative artificial intelligence ("AI") platforms to generate diverse content ranging from marketing materials, translations, source code, and more. Various copyright issues arise from the deployment and use of generative AI platforms, including ownership of the output, infringement considerations (both on the use of the output and the training of the underlying models), and the copyrightability of content created using generative AI. Generative AI is expected to further proliferate and increasingly be a tool used by employees in workforces across diverse industries. 

Companies must be mindful when adopting these platforms or allowing employees to use these tools on behalf of the company-especially with regard to how the outputs are being used or incorporated into other company information. This program, presented by Emily Tait and Carl Kukkonen, will focus on copyright issues associated with the deployment and use of AI, as well as potential implications of the U.S. Supreme Court's decision in Warhol Foundation v. Goldsmith.

Learning Objectives:

1. Review recent Copyright Office guidance and decisions regarding the copyrightability of works generated using Generative AI

2. Predict implications of the U.S. Supreme Court's decision in Warhol Foundation v. Goldsmith and fair use for Generative AI 

3. Discuss best practices with regard to the deployment and use of Generative AI