The fight between creators and big tech has mostly been focused on the alleged copyright infringement of using creative works in AI training data. However, trademark law might be the next battleground as creators look for additional ways to protect their work from AI-related misuse. Actor Matthew McConaughey recently received U.S. Registration No. 8,070,191 for
Extraterritorial Scope of the EU AI Act
Given its extraterritorial reach, companies outside Europe should start preparing for the EU AI Act now. In general, the Act will apply to companies that develop high-risk AI systems used in the EU and that provide outputs from those systems, even if the companies have no physical presence in Europe.
Ahead of August 2026, companies
Patentability Implications of the EU AI Act
Novelty is a core requirement for any invention to be patentable. Put simply, your invention generally cannot have been publicly disclosed before the patent application’s effective filing date. In the United States, 35 U.S.C. § 102 includes a one-year grace period for certain public disclosures made before you file—many other jurisdictions do not have this
Reverse Engineering in the Age of AI: Are Your Trade Secrets Still Safe?
Artificial intelligence has dramatically broadened the capabilities of anyone looking to reverse-engineer public-facing products. What once took specialized skill, deep pockets, and many hours now requires little more than a curious mind and a powerful AI model. For companies built around valuable and confidential know-how, this shift has profound implications, especially for in-house counsel tasked
Generative AI Training may not Qualify for the Fair Use Defense
Last week, the Copyright Office released the third and final part of its report exploring copyright-related issues posed by artificial intelligence (AI). Unlike the first two parts, the third was released as a “pre-publication” version. It was published less than a day after Dr. Carla Hayden, the Librarian of Congress, was fired by President Trump
Artists Protest AI Copyright Proposal in the U.K.
British Prime Minister Keir Starmer wants to turn the U.K. into an artificial intelligence (AI) superpower to help grow the British economy by using policies that he describes as “pro-innovation.” One of these policies proposed relaxing copyright protections. Under the proposal, initially unveiled in December 2024, AI companies could freely use copyrighted material to train
Thomson Reuters Wins Copyright Case Against Former AI Competitor
Thomson Reuters scored a major victory in one of the first cases dealing with the legality of using copyrighted data to train artificial intelligence (AI) models. In 2020, Thomson Reuters sued the now-defunct AI start-up Ross Intelligence for alleged improper use of Thomson Reuters materials, including case headnotes in its Westlaw search engine, to train
With Enough Human Contribution, AI-Generated Outputs May Be Copyright Protectable
After several months of delays, the U.S. Copyright Office has published part two of its three-part report on the copyright issues raised by artificial intelligence (AI). This part, entitled “Copyrightability,” focuses on whether AI-generated content is eligible for copyright protection in the U.S.
An output generated with the assistance of AI is eligible for
RealPage Antitrust Consent Decree Proposed
In August 2024, the Department of Justice (DOJ) and eight states filed a civil antitrust lawsuit against RealPage Inc., alleging that its software was used to unlawfully decrease competition among landlords and maximize profits. Last week, the DOJ, now joined by ten states, filed an amended complaint alleging that landlords Greystar Real Estate Partners LLC
New Jersey AG Says Anti-Discrimination Law Covers Algorithmic Discrimination
Last week, New Jersey Attorney General Matthew Platkin announced new guidance that the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination, i.e., when automated systems treat people differently or negatively based on protected characteristics. This can happen with algorithms trained on biased data or with systems designed with biases in mind. LAD prohibits