Heather Whitney spoke to IP Watchdog about the developments across law and policy in the areas of artificial intelligence (AI) and machine learning (ML) technologies, including nearly a dozen copyright or related rights lawsuits against AI platform service providers since the start of 2023.
"The significant uptick in litigation is helping us get a better sense of what the legal theories are there – most obviously with regards to training data (its uses, the relationship of the model to it, and the relationship of outputs to it)," Heather explained. "So far, the focus has also been much more on model developers and less on users of those models."
She added: "Companies are increasingly trying to get away from the reactive postures they found themselves in for much of 2022 and early 2023. We are seeing more AI governance structures being developed internally (which is great). These internal governance bodies are becoming more cognizant of not just the infringement risk but how the use of these tools by workers may require a rethinking of their IP portfolio strategy."
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