A webinar replay of Get Smart with AI: Best Practices for Using AI in Business is available for viewing.
The AI Update | October 5, 2023
#HelloWorld. Fall begins, and the Writers Guild strike ends. In this issue, we look at what that means for AI in Hollywood. We also run through a dizzying series of self-regulating steps AI tech players have undertaken. As the smell of pumpkin spice fills the air, let’s stay smart together. (Subscribe to the mailing list to receive future issues.)
AI and the Writers Guild. Screenwriters ended a nearly five-month strike with a tentative new agreement good through mid-2026. The Minimum Basic Agreement (MBA) includes multiple AI-centric provisions. The AI-related highlights: Continue reading “The AI Update | October 5, 2023”
Webinar: Where Our AI Policy Is Headed
Please join Duane Morris partner Agatha Liu and representatives from the USPTO and U.S. Copyright Office for a discussion on the development of AI policies on October 26, 2023, from 12:00 p.m. to 1:00 p.m. Pacific.
This webinar, hosted by the California Lawyers Association, will address the US Copyright Office’s and USPTO’s recent requests for public comments, which touch on several novel and hotly contested issues regarding determining how to incorporate copyrighted works in datasets used to train AI models, tracking and disclosing AI models and the input and output data of AI models, and assigning liability for outputs produced by AI models.
For more information and to register, please visit the CLA website.
Webinar: Get Smart with AI: Best Practices for Using AI in Business
Duane Morris will present Get Smart with AI: Best Practices for Using AI in Business, a webinar on the benefits, risks and mitigation strategies for using AI in business, on Tuesday, October 17, 2023, from 12:00 p.m. to 1:00 p.m. Eastern.
About the Program
The AI revolution has already begun. To remain competitive in the AI era, businesses must learn and adapt as quickly as AI technology does. Topics include: introduction to AI; global response to AI including relevant laws and initiatives; possible uses of AI in business; and specific AI risks and mitigation strategies for copyright and IP rights and ownership issues, privacy and security compliance, employment law compliance, scraping of business data, and other takeaways.
Speakers
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- Sandra A. Jeskie
- John M. Benjamin
- Matthew C. Mousley
- Luke P. McLoughlin
- Jennifer M. Lantz
- Alex W. Karasik
Learn more about the event and Duane Morris’ artificial intelligence team.
Mitigating AI Bias with Responsible AI Design
Now that artificial intelligence (AI) is employed widely with unprecedented consequences, there is quite a scramble to implement mitigating measures. For example, the United Trademark and Patent Office (USPTO) is soliciting public comments on what steps the USPTO should take to mitigate harms and risks from AI-enabled invention. Many of the proposed guardrails are applicable to the deployment of AI technology, to conform original output of the AI technology to desired principles, policies, guidelines, etc. However, it is no less valuable to improve the design of the AI technology, especially when various computational techniques can be readily applied.
One fundamental issue with the AI technology is producing inaccurate output, with random, sporadic errors or, more damagingly, systemic deviations leading to bias. This article presents a systematic review of how computational techniques can be utilized to help mitigate such bias. […]
The AI Update | September 18, 2023
#HelloWorld. In this issue, the Copyright Office asks all the right questions—but will it do something interesting with the answers? Microsoft and Adobe offer clever ideas of their own. And, surprise (not really): Two new lawsuits against AI developers. Let’s stay smart together. (Subscribe to the mailing list to receive future issues.)
The Copyright Office has questions. Since the spring, the U.S. Copyright Office has devoted considerable effort to its AI Initiative, launching an AI webpage, holding four public listening sessions, and hosting educational webinars. In what it calls a “critical next step,” the Office on August 30 published a notice of inquiry asking for written comments (due October 18) on around 66 wide-ranging AI-related questions. Continue reading “The AI Update | September 18, 2023”
AI Data Privacy and Security Issues
A webinar replay is available below. For more information, please visit the event website.
The Future of Digital Art as Training Material For Generative Artificial Intelligence Models
Before ChatGPT and other artificial intelligence (AI) large language models exploded on the scene last fall, there were AI art generators, based on many of the same technologies. Simplifying, in the context of art generation, these technologies involve a company first setting up a software-based network loosely modeled on the brain with millions of artificial “neurons.” […] This article has two goals: to provide a reader-friendly introduction to the copyright and right-of-publicity issues raised by such AI model training, and to offer practical tips about what art owners can do, currently, if they want to keep their works away from such training uses. […]
Safeguarding Companies’ Online Data in the AI Era
The rapidly evolving landscape of advanced technology renders data one of the most valuable commodities today. This is especially true for artificial intelligence (AI), which can advance significantly in capability and complexity by learning from massive data sets used as training data. …
[This article identifies] considerations companies should account for when undertaking efforts to protect their online data based on an analysis of legal protections applicable to companies’ online data against unauthorized use.
Can a Human Behind AI Be Creative?
The Copyright Registration Guidance (Guidance) published by the United States Copyright Office in March mainly addressed whether a human providing simple prompts or other input to an artificial intelligence (AI) algorithm could obtain a copyright registration for the output that the AI algorithm generated based on the human input. Working with AI algorithms all the time, I previously discussed whether the creator of the AI algorithm, and not the user, could obtain a copyright registration for that output. Now a few months later, a court has handed out a decision on whether to grant a copyright registration to the AI algorithm in Thaler v. Perlmutter, 1:22-cv-01564 (D.D.C).
That’s right. The court was confronted with the issue of whether to grant a copyright registration to the AI algorithm or the machine running the AI algorithm, rather than the creator of the AI algorithm. The plaintiff in this case has been a proponent of giving credit to machines running the plaintiff’s AI algorithms instead of the plaintiff directly, regardless of whether the AI algorithms output more algorithms or artworks. See Thaler v. Vidal, No. 21-2347 (Fed. Cir. 2022).
To support the position that the plaintiff’s machine should be granted a copyright registration, the plaintiff consistently represented in the copyright application that the AI algorithm generated the work “autonomously” and that the plaintiff played “no role” in the generation. This representation undermines any creative effort that the plaintiff may have made in producing the work. In general, while an AI algorithm once developed may be executed autonomously without human intervention, the AI algorithm was not developed in a vacuum and a human could have incorporated various creative elements into the AI algorithm, as discussed in my previous blog post.