AI Authorship in the Context of Intellectual Property: Copyrights for AI created content, and current AI copyright lawsuits
Michael J. Kasdan
Wiggin and Dana LLP
Michael focuses on all areas of intellectual property law, providing his clients with full- service IP expertise that ranges from patent, trademark, copyright and trade secret litigation to IP-related transactions – including licensing and monetization – to helping companies to protect and reap maximum value from their own innovations and brands.
Brian A. Pattengale
Wiggin and Dana LLP
Brian Pattengale is a patent agent for the Wiggin and Dana Intellectual Property department, where he leverages his extensive scientific background to provide comprehensive technical analysis for patent matters.
On-Demand:February 16, 2023
$95.001 hour CLE
Please Select Class Format
Free access to all CLE programs w/active subscription. Annual subscription only $395/yr.
While we are still not in the realm of sentient machines, current-day iterations of artificial intelligence (AI) are demonstrating themselves to be potential sources of creativity which are challenging our understanding of authorship in the context of intellectual property, and particularly in copyright. If AI can create new content based upon its “perceptions,” how is that distinct from human authorship and, more importantly, how does AI fit into the current U.S. copyright landscape? We will explore this question and highlight the competing viewpoints in this uncertain and evolving space.
Key topics to be discussed:
“Creative” AI Entities
U.S. Administrative Atmosphere and International Responses to AI
Implications in Derivative Works and Fair Use
Current AI Copyright Lawsuits
Date: February 16, 2023
Michael J. Kasdan | Wiggin and Dana LLP
Michael focuses on all areas of intellectual property law, providing his clients with full- service IP expertise that ranges from patent, trademark, copyright and trade secret litigation to IP-related transactions – including licensing and monetization – to helping companies to protect and reap maximum value from their own innovations and brands. In addition to being a Partner in the firm’s Intellectual Property Practice Group, he also Co-Chair’s the firm’s Blockchain and Digital Assets Group and Chairs the firm’s Trade Secret Group.
Michael develops effective offensive and defensive IP strategies for organizations of all sizes. He has asserted and defended IP rights in federal courts, the U.S. Patent and Trademark Office, the International Trade Commission, and in private arbitrations and mediations. As an advisor, he has worked with both established companies and startups to obtain, value, license, and develop patent, trademark and trade secret portfolios.
Trained in electrical engineering and bringing a business background as a technology consultant, Michael is known for his ability to quickly learn new technologies and distill complicated topics. He works with a broad range of technologies, including consumer electronics, wireless and mobile devices, batteries, mechanical devices, healthcare and medical devices, computer architecture, software, and networks, including open-source software, semiconductor chips, internet and e-commerce platforms, software apps, and blockchain, NFT and decentralized finance related technologies.
Over his twenty years legal career, Michael has defended and resolved scores of patent infringement lawsuits, resulting in successful motions to dismiss, summary judgment, and favorable settlements, in all of the key patent infringement venues, including the District of Delaware, the Eastern and Western Districts of Texas, the Northern and Central Districts of California, and the Northern District of Illinois, as well as at the International Trade Commission, for clients such as Panasonic Corporation and JVC Kenwood Corporation. He has also helped clients to invalidate key patents before the US Patent and Trademark Office in Inter Partes Review proceedings. For example, Michael helped to invalidate patents via IPR that were held by VirnetX, which had previously won verdicts in the hundreds of millions of dollars from industry giants such as Apple.
Michael also advises clients on strategic patent and trademark prosecution and portfolio development as well as trade secret portfolio development and protection, and provides opinions and analyses on various issues, including patent and trademark infringement, validity, and enforceability. He also drafts, negotiates and advises clients on a range of agreements with IP-related aspects, including employment agreements, third party contractor agreements, supply agreements, and software licenses and cross-licenses.
Michael also has assumed various leadership positions in the IP bar. He was the founding Chairman of the New York IP Alliance (NYIPA) in 2021, heads the New York Chapter of the International Intellectual Property Commercialization Council (IIPCC), and serves as Co-Chair of the New York Chapter of the Licensing Executives Society (LES). He also has served on the Board of the U.S. IP Alliance.
A member of the Firm’s Diversity, Equity and Inclusion Committee, Michael has been the keynote speaker at conferences addressing topics such as diversity and mentorship. He is also a member of the Firm’s Wiggin Opportunity Initiative Committee, which oversees our initiative to provide pro bono legal services to qualifying minority owned businesses. Michael is a passionate advocate for mental health and wellness in the legal profession and the world at large and is the Founder and Chief Enthusiasm Officer of Lawyering While Human and serves on the Communications Committee of The Institute for Well-Being in Law (IWIL) and as an Associate Member of the NYC Bar Association’s Lawyer Assistance Program Committee.
Michael is also an adjunct professor at his alma mater, NYU School of Law, where he teaches a course on IP Licensing and guest lectures at the NYU Business Transactions Clinic and NYU Entrepreneurship Center’s StartUp School. He also has guest lectured at the NYU Business and Law Clinic, the NYU School of Medicine, New York Law School, the BLIP Clinic at Brooklyn Law School, Pace, and Seton Hall Law School.
Brian A. Pattengale | Wiggin and Dana LLP
Brian Pattengale is a patent agent for the Wiggin and Dana Intellectual Property department, where he leverages his extensive scientific background to provide comprehensive technical analysis for patent matters. He also assists clients with patent drafting and prosecution.
Brian’s experience at Wiggin and Dana began as a technology specialist where he provided technical analysis for patent prosecution and freedom-to-operate opinions in the pharmaceutical and biotechnology areas. Brian also has years of research and technical experience, including at Yale University as a postdoctoral associate. His technical background is in the areas of materials chemistry and physics, particularly in time-resolved laser spectroscopy techniques in the hard X-ray, UV/Visible and terahertz energy regimes. In his past research roles, he applied these techniques to investigate materials such as semiconductors and conductive soft materials relevant to solar cells, batteries and other electronic device components. Further relying on his background in biochemistry, Brian is knowledgeable in topics ranging from biochemistry and biotechnology to chemistry, pharmaceuticals, personal care products, materials science, physics, and optics. His is also admitted in the United States Patent and Trademark Office.
Brian has authored or co-authored many publications, including 30 peer-reviewed publications in top-tier journals such as Nature Communications, Chemical Reviews, Journal of the American Chemical Society and the Royal Society of Chemistry’s Chemical Science, among others.
Brian earned his Ph.D., Physical and Materials Chemistry at Marquette University and his B.S., Biochemistry at Carroll University.
I. “Creative” AI Entities | 3:30pm – 3:45pm
II. U.S. Administrative Atmosphere and International Responses to AI | 3:45pm – 4:00pm
III. Implications in Derivative Works and Fair Use | 4:00pm – 4:15pm
IV. Current AI Copyright Lawsuits | 4:15pm – 4:30pm