Key Takeaways on U.S. Regulation of AI in the Intellectual Property Context

Last week, the International Trademark Association (“INTA”) conference brought together professionals from various sectors to discuss the business of AI in the intellectual property field. With a focus on U.S. regulations, the conference highlighted key takeaways on the current landscape of AI regulation in the IP context.

One major development discussed was President Biden’s Executive Order of October 30, 2023, which provides a framework for addressing the risks associated with AI and delegates regulatory responsibilities to governing bodies. The USPTO and Copyright Office are set to consult on forthcoming regulations triggered by a report from the Copyright Office in 2024.

The Copyright Office has already determined that works generated solely by AI are not registrable for copyright, but human authorship contributions may be recognized. Court cases like New York Times Co. v. Microsoft Corp. and Thomson Reuters v. Ross Intelligence will play a crucial role in determining copyright infringement by AI platforms.

Challenges in proving copyright infringement by AI arise from the complexity of different AI models and their use of source material. State regulations on deepfakes, such as the ELVIS Act in Tennessee, are also being implemented to protect artists’ rights.

Despite these challenges, AI tools tailored for professionals are rapidly emerging in the market and are expected to enhance efficiency in the private sector. The conference shed light on the evolving landscape of AI regulation in the IP field and the potential impact on businesses and legal practices.