AI Training and Fair Use
Ari Feinstein, Jonathan Menkes & Cassidy McCleary
While the legal landscape is continuing to take shape, a number of recent court decisions indicate that unlicensed use of copyrighted data to train AI models generally constitutes fair use. Each fair use inquiry depends on the facts at play, however, including, among other things, how the AI model’s output compares to the copyrighted data that was input into the model.
Should Have Written a Better Consent – And How(ey)!
Catherine Holland & Eric R. Blosser
The Trademark Trial and Appeal Board (“TTAB” or “the Board”) afforded no weight to a bare-bones trademark consent agreement that contained no provisions for the parties to avoid confusion, even though the same agreement had been accepted in a previous case involving the same parties and the same marks. This case emphasizes the importance of careful drafting of intellectual property agreements, as skeletal agreements containing only basic terms may not stand up to judicial scrutiny.
How CNN’s Copyright Infringement Lawsuit Against Perplexity AI Could Alter the Fair-Use Landscape
CNN’s copyright infringement lawsuit against Perplexity AI stands apart from prior AI copyright cases because of allegations that Perplexity pursued a licensing deal with CNN, failed to reach an agreement, and then used CNN’s copyrighted content without permission. Those facts could doom a defense of fair use. CNN also included trademark claims, adding another dimension to the case and broadening its potential impact.
2 Bankrupt Crew – Intersection Between Bankruptcy and Copyright Law
Greg Phillips & Eric R. Blosser
Two members of rap group 2 Live Crew, and the heirs of a third member, attempted to terminate a transfer of copyright ownership in several records the group made in the 1980s under statutory provisions. However, because one of the group members had previously entered bankruptcy, and the parties conceded that no one scheduled, administered, or mentioned the copyright termination interests during the bankruptcy, the right to terminate the provision still rested with the bankruptcy estate, rendering the copyright termination void. This case emphasizes the importance of considering other laws and arrangements when dealing with intellectual property.
Subscribe for News and Updates