AI and IP Law: Navigating the Generative Frontier
While certain forms of artificial intelligence (AI) have been integrated into daily life for years now, the use of generative AI has seen a sharp rise in popularity and adoption in the past year. Products such as ChatGPT, Bing Chat, or Bard now give virtually anyone with access to the internet a free tool that can almost instantly generate text and images in response to a prompt. Yet the widespread use of this technology has created a slew of intellectual property concerns. These include disputes over the uncompensated and often unsanctioned use of copyrighted materials by developers in the data sets that train their models, the challenge of patenting work created by AI, and questions over who is entitled to compensation in such cases. Attorneys seeking to better understand the technology and the dynamic intellectual property it creates will find this webinar by domestic and international AI and technology law experts a fascinating tool to navigate this developing domain.
In this webinar, our expert panelists begin reviewing what AI is, how it works, and what makes generative AI distinct. Our subject matter experts continue by discussing the application of existing intellectual property law to generative AI use and highlight some of the many legal issues that this technology raises. The speakers then outline recent and relevant cases in the United States and Europe that involve generative AI and its intellectual property concerns, highlighting the current legal landscape around the technology. Finally, our panelists give their expert insight into what legal developments can be expected around the technology and potential risks that they will pose to AI developers, creators of written and visual work, and generative AI users.
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Partner at Zeichner Ellman & Krause LLP
Yoav M. Griver is a partner in the firm’s litigation group where he focuses on representing clients in complex commercial matters. Prior to joining ZEK, Yoav was Litigation Counsel to Weil, Gotshal & Manges LLP, where he litigated a variety of commercial and intellectual property matters for clients in the banking, credit, transportation, insurance, computer software and electronic industries. Before that, Yoav prosecuted banking conspiracy, stock fraud and other cases on behalf of the Israeli Ministry of Justice where he was a member of the Ministry’s Economics Unit. Yoav’s many proud moments as a trial attorney include successfully defending Hitachi America in the longest customs fraud trial in the history of the Court of International Trade; successfully defending MasterCard in a multi-district putative class action against claims that MasterCard was responsible under RICO for internet gambling; recovering a verdict on behalf of a class of minority schoolchildren in a prominent civil rights case; successfully defending GMAC in a class action alleging violations of RICO, the Sherman Act, state and federal credit repair organization statutes, and state UDAP statutes; and successfully defending Tellium Inc. in a protracted case involving allegations of breach of contract, unjust enrichment, and fraud upon the United States Patent and Trademark Office. Yoav is co-editor and author of the multi-year treatise, Dispute Resolution and e-Discovery, published by Thomson Reuters. He also writes on a wide variety of legal topics for such publications as The Business Lawyer, The Consumer Financial Services Law Report, Law 360, Bloomberg, and the Journal of Proprietary Rights. He received his J.D. with honors, Order of the Coif, from the University of Texas School of Law in 1991, where he was a member of the Texas International Law Journal, and his B.B.A. with honors from the University of Texas in 1988. Outside the office, Yoav volunteers his time to the Lawyers’ Committee for Civil Rights Under Law and the Office of the Appellate Defender. Yoav also is an Adjunct Professor at NYU. Where he teaches courses at NYU on Sports Law and Sports Management.
Partner | Holland & Knight; Faculty, University of Miami
Daniel Barsky is an intellectual property attorney in Holland & Knight's Miami office. Mr. Barsky regularly represents clients in intellectual property (IP), information technology (IT) and data-related licensing and transactional matters, including mergers and acquisitions (M&A), private equity transactions, joint ventures, and multilateral and multinational licensing agreements. Mr. Barsky's clients call upon him to navigate complex transactions involving IP, IT and data assets. He assists and advises clients with navigating the complexities of transactions involving intangible assets such as patents, trademarks, copyrights, trade secrets and data, brand licensing and distribution agreements, blockchain technology such as cryptocurrency and non-fungible tokens (NFTs), software and technology licensing agreements, and transition services agreements. Post-closing, Mr. Barsky assists clients with the maintenance and enforcement of their IP and IT portfolios with an eye towards leveraging those portfolios to drive revenue and growth. Mr. Barsky oversees, coordinates and maintains multinational trademark portfolios encompassing thousands of marks registered in more than 100 countries, including the monitoring and enforcement of the portfolios, as well as multinational, anti-counterfeiting activities. In addition to his transactional and counseling work, Mr. Barsky maintains an active, nationwide IP and IT litigation practice and has represented clients in patent infringement, trademark infringement, anti-counterfeiting, unfair competition, copyright infringement and trade secret theft matters, as well as information technology, data privacy, cyberfraud, data breach and hacking matters, and responses thereto. Mr. Barsky is an active force and thought leader in South Florida's entrepreneurial and startup community. He regularly represents startup and new business ventures and has helped multiple startups develop, protect, grow, monetize and enforce their IP and other business assets. His work with startups and entrepreneurs includes advising on software license agreements, user agreements, privacy policies, brand clearance, brand protection and monetization strategies, blockchain and NFT questions, and IP registration. Outside of his law practice, Mr. Barsky helped form, and is a former board member of, Tech Lauderdale, which promotes the growth, connectivity and awareness of the thriving technology ecosystem in Greater Fort Lauderdale and throughout South Florida. Additionally, Mr. Barsky is an adjunct professor at the University of Miami School of Law where he teaches patent litigation and the university's Startup Practicum, and is the university's faculty supervisor for the U.S. Patent and Trademark Office's (USPTO) Law School Clinic Program. In his various roles at the university, Mr. Barsky works with students and clients in the university's startup practicum to foster the development of the South Florida startup and entrepreneurial community and the professionals that are needed to serve and grow that community. Mr. Barsky is a registered patent attorney with the USPTO and regularly prosecutes patents, trademarks and copyrights for clients.
Partner | Mishcon De Reya
A former computer designer, Ashley is a fintech and privacy Partner within the Data Group of the Firm's Innovation Department. He advises on financial regulation, encryption and export control, data protection, privacy and cyber security matters with an emphasis on Blockchain, virtual currencies, and payment systems. He advises extensively on the impact of privacy and information security law on cloud services, financial technology, telecommunications and international data transfers and has a particular focus on the intersection of competing laws, which can occur in the context of lawful interception of data, corporate investigations, government investigations or international litigation. For many years Ashley has advised the online behavioral advertising industry in Europe and has represented that industry in relation to its dealings with the European Commission, the Article 29 Working Party, the European Parliament and various national governments. Ashley is a Ponemon Institute Fellow and for many years has been the Chairman of the Data Protection Forum, the largest independent data protection group in the UK. He regularly speaks at industry and academic conferences.
