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IP Partner Wendi Uzar Interviewed re AI and Copyright Protections

May 5, 2023

In the ROI-NJ article “AI and copyright: Riker Danzig attorney explains latest content-creation dilemma,” Riker Danzig Intellectual Property Partner Wendi Opper Uzar is interviewed about some of the legal and ethical implications of using AI-generated content.  Wendi notes that many of the issues regarding AI and copyright protections are still being fleshed out by the U.S. Copyright Office.  Given those limitations, she advises clients to do their homework before working with third parties to source content including images so that the appropriate indemnification clauses are in place to protect their businesses.  She also addresses the issue of companies relying on AI-generated content that may be based on pre-existing content, as this existing content may be protected by copyright. Wendi says that the flip side of that coin is also an issue, where an artist discovers that their material is being used by AI to create new images or content, which could then be considered derivative work and constitute copyright infringement.

Wendi counsels that businesses should be “cautious about putting out content using (AI technology).  With the rules saying you cannot obtain protection on it right now, you don’t want to utilize time and money to generate content using AI, put it out on your website and have third parties freely copy and utilize it. Unfortunately, copyright law doesn’t take into account how much money you spent creating content.”  She also advises that businesses should document their processes when they use AI-generated content, and that businesses have a policy to set forth the expectations of employees and independent contractors on using AI-generated content.  “If you do allow the use of AI content, it’s advisable to have one account for the company and someone responsible for going in and monitoring use and ensuring employees follow guidelines on that account.”

Read the full article at AI and Copyright.

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