Jay Myers, Seyfarth partner and Director of Innovation for the Intellectual Property Group, joined Arun Hill, senior consultant at The Clarivate Center for IP and Innovation Research, as a guest in Clarivate’s most recent podcast episode, “Ideas to Innovation: Navigating the AI Frontier in Intellectual Property Law.” Clarivate, a global leader in providing solutions to

The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency is committed to leveraging AI’s benefits across society while ensuring that these technologies do not compromise the integrity of legal

Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness.  On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee legislature and signed into law the Ensuring Likeness, Voice, and Image Security (“ELVIS”) Act of 2024, HB 2091/SB 2096

Seyfarth’s Commercial Litigation practice group is pleased to present the fourth annual installment of the Commercial Litigation Outlook, which provides insights on litigation issues and trends to expect in 2024. Since its inaugural publication in 2020, Seyfarth’s Commercial Litigation Outlook has served as a beacon for legal professionals, providing invaluable insights and forecasting emerging trends. 

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI

Orders issued in the Andersen case (and other, similar cases) to date suggest that the success of the plaintiffs’ claims hinges on being able

You might recall that the judge in  Andersen v. Stability AI —the case in which a group of visual artists sued the makers of several different generative AI platforms for copyright infringement—tossed most of the plaintiffs’ claims last year. However, the court allowed the plaintiffs an opportunity to replead. Specifically, the judge said that for their vicarious copyright infringement claims to remain viable, the plaintiffs would have to at least allege that derivative works created using AI programs that generate images in response to user prompts are “substantially similar” to their original copyright-protected works.

The plaintiffs took the judge’s ruling to heart. They filed an amended complaint, adding new plaintiffs and using statements by the AI companies’ employees on social media to bolster their claims that the AI programs are copying their art. Most interesting to us, however, was the images the plaintiff artists inserted into their amended pleading providing a side-by-side comparison of their original visual works and what they allege is substantially similar AI-generated output. (Plaintiffs in other cases involving written works have been taking notes on the Stability AI decision and similar decisions too, which we’ll be writing about in the coming weeks).Continue Reading Reader Survey: Tell Us Whether You Think Stability AI Outputs are Substantially Similar to Andersen Plaintiffs’ Original Works