The Copyright Registration 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. … 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).
Artificial Intelligence Updates – 08.29.23
#HelloWorld. In this issue, ChatGPT cannot be the next John Grisham, the secret is out on The New York Times’ frustrations with generative AI, and YouTube looks to a technological fix for voice replicas. Summer may soon be over, but AI issues are not going anywhere. Let’s stay smart together.
Read more on The Artificial Intelligence Blog.
Webinar: The Data Privacy and Security Landscape: Privacy Issues in AI
Duane Morris is hosting “The Data Privacy and Security Landscape: Privacy Issues in AI” webinar on Thursday, September 14, 2023, from 12:30 p.m. to 1:30 p.m. Eastern time.
For more information or to register, please visit the event website.
EEOC Settles AI Software Lawsuit
In Equal Employment Opportunity Commission v. ITutorGroup, Inc., et al., No. 1:22-CV-2565 (E.D.N.Y. Aug. 9, 2023), the EEOC and a tutoring company filed a Joint Settlement Agreement and Consent Decree in the U.S. District Court for the Eastern District of New York, memorializing a $365,000 settlement for claims involving hiring software that automatically rejected applicants based on their age. This is first EEOC settlement involving artificial intelligence (“AI”) software bias.
Artificial Intelligence Updates – 08.10.23
#HelloWorld. In this issue, the state of state AI laws (disclaimer: not our original phrase, although we wish it were). Deals for training data are in the works. And striking actors have made public their AI-related proposals—careful about those “Digital Replicas.” It’s August, but we’re not stopping. Let’s stay smart together.
Read more on The Artificial Intelligence Blog.
EEOC Guidance Discusses AI Impact in the Workplace
On July 26, 2023, the EEOC issued a new Guidance entitled “Visual Disabilities in the Workplace and the Americans with Disabilities Act” (the “Guidance”). This document is an excellent resource for employers, and provides insight into how to handle situations that may arise with job applicants and employees that have visual disabilities. Notably, for employers that use algorithms or artificial intelligence (“AI”) as a decision-making tool, the Guidance makes clear that employers have an obligation to make reasonable accommodations for applicants or employees with visual disabilities who request them in connection with these technologies.
Read more on the Class Action Defense Blog.
Artificial Intelligence Updates – 07.27.23
#HelloWorld. Copyright suits are as unrelenting as the summer heat, with no relief in the forecast. AI creators are working on voluntary commitments to watermark synthetic content. And meanwhile, is ChatGPT getting “stupider”? Lots to explore. Let’s stay smart together.
Read more on The Artificial Intelligence Blog.
AI Is Everywhere! Addressing the Legal Risks Through Contracting
You can’t look in the news or see social media posts each day without hearing about artificial intelligence in healthcare. In fact, the advancements in AI in healthcare are making leaps and bounds, seemingly with each day that goes by.
But nursing homes and assisted living providers need to understand not jus the benefits of how AI can improve quality of resident care and improved operations, but also the legal issues surrounding AI in your facility.
Read the full article by Duane Morris partner Neville M. Bilimoria on the McKnight’s Long-Term Care website.
Guidelines for Tech Use in Mergers
On July 19, 2023, the Department of Justice and the Federal Trade Commission (FTC) jointly released draft Merger Guidelines to amend and update both the 2010 Horizontal Merger Guidelines and the Vertical Merger Guidelines that were issued in 2020 and later rescinded by the FTC in 2021.
The draft guidelines underscore recent enforcement efforts to rein in technology mergers. They target large platform providers, as well as mergers that might entrench or extend a dominant position (suggesting that a 30 percent share implies a dominant position). The draft guidelines focus on multisided platforms and competition between platforms, on the platform and to displace a platform. The agencies also specifically reference the use of algorithms and artificial intelligence in assessing potential post-merger coordination. Read the full Alert on the Duane Morris website.
Artificial Intelligence Updates – 07.13.23
#HelloWorld. Pushback and disruption are the themes of this edition as we look at objections to proposed regulation in Europe, an FTC investigation, the growing movement in support of uncensored chatbots, and how AI is disrupting online advertising. Let’s stay smart together.
Read more on The Artificial Intelligence Blog.