As AI copyright and trademark infringement lawyers, we strive to protect our clients' rights to their trademark and copyright intellectual property against big and powerful technology companies.
We realize that this is a new and fast-developing area of law. A lot of things are yet to be decided, with new complaints and class actions being filed against artificial intelligence companies that claim they use copyrighted material to produce content.
Artificial intelligence refers to an algorithm system where a series of computer tasks are generated to simulate human cognitive abilities. Artificial intelligence usually combs through the free internet to produce its content. However, copyright and trademark problems can occur when artificial intelligence combs through paid copyrighted material in order to produce its content. Content can be written or visual images.
Copyright infringement occurs when there is an unauthorized use, reproduction, or distribution of copyrighted material without the consent of the copyright owner. Because copyright holders have exclusive rights to use copyrighted material, its unauthorized use can be considered copyrighted material.
When the AI system combs through copyrighted material to generate its own content, it can unknowingly produce material that violates copyright infringement. When substantial similarity exists between the copyrighted material and the AI-generated material, it may be copyright infringement, whether such use generated from the AI system is for a commercial or non-commercial purpose.
A popular example of this AI system is ChatGPT. OpenAI owns ChatGPT and is currently facing several lawsuits for accessing copyrights books without permission in order to train its AI systems. As a result, OpenAI, through ChatGPT, was able to substantially copy several texts from books without obtaining consent and without paying compensation to the copyright holders.
A group of visual artists has also sued AI companies such as Midjourney and DeviantArt for using copyrighted images to enable these AI companies to create images.
Trademark infringement occurs when a person uses a trademark such as s logo without authorization from the trademark owner. AI trademark infringement occurs when an AI system uses registered trademarks to produce content without the authority or consent of and without compensation to the trademark owner.
Because of the advent of AI, many people use artificial intelligence to produce their own marks or images simply by describing the image it seeks to generate. The AI system usually uses the free internet for images that it can use to produce the content. Sometimes, however, the AI system accesses paid content to generate its images, which can then become trademark infringement. Because the AI system generates content automatically, it is possible for the AI system to unknowingly generate images that violate trademark laws.
AI intellectual property infringement is an emerging practice of law, given the quick adaptation of artificial intelligence in everyday life of common people. The advent of AI will result to new regulations which will shape the practice of using AI in relation to intellectual property law. If you need legal representation regarding AI infringement, we, at the Law Offices of Albert Goodwin, are here for you.We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].