Jasnow Quoted on Copyright Lawsuits and Implications for AI Developers
Law360
AI, Metaverse, and Blockchain Practice Co-Leader Dan Jasnow was quoted by Law360 regarding the recent wave of copyright lawsuits affecting various artificial intelligence (AI) developers, including two that involve claims that AI systems are being trained using copyright-protected images sourced from the internet.
Dan explained the potential consequences of unauthorized use of copyrighted works in training AI systems.
“Here, arguably you have large-scale unauthorized use of these works in a way that could fundamentally alter or harm the marketplace for the original works, but without compensation,” he said. “It’s unclear whether it qualifies under a fair use analysis.”
Dan emphasized that the outcomes of such cases will reveal the extent to which existing intellectual property laws can empower creators in a constantly evolving marketplace that has expanded beyond what was previously regarded as merely “copying.”
Dan discussed the potential for these cases to uncover shortcomings in current copyright law concerning the protection of creators’ rights within the emerging landscape.
“Potentially, these cases may expose a real inability of existing copyright law to protect the rights of creators in this new generative AI era,” he noted.
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