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17 - Generative AI and IP Under US Law

from Part III - Generative AI

Published online by Cambridge University Press:  aN Invalid Date NaN

Mimi Zou
Affiliation:
University of New South Wales, Sydney
Cristina Poncibò
Affiliation:
University of Turin
Martin Ebers
Affiliation:
University of Tartu, Estonia
Ryan Calo
Affiliation:
University of Washington
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Summary

Generative AI promises to have a significant impact on intellectual property law and practice in the United States. Already several disputes have arisen that are likely to break new ground in determining what IP protects and what actions infringe. Generative AI is also likely to have a significant impact on the practice of searching for prior art, creating new materials, and policing rights. This chapter surveys the emerging law of generative AI and IP in the United States, sticking as close as possible to near-term developments and controversies. All of the major IP areas are covered, at least briefly, including copyrights, patents, trademarks, trade secrets, and rights of publicity. For each of these areas, the chapter evaluates the protectability of AI-generated materials under current law, the potential liability of AI providers for their use of existing materials, and likely changes to the practice of creation and enforcement.

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Publisher: Cambridge University Press
Print publication year: 2025

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