What’s An Acceptable Risk? How Copyright Fair Use Applies To Generative AI: Context Matters

October 18, 2023

What’s An Acceptable Risk? How Copyright Fair Use Applies To Generative AI: Context Matters

Wednesday, October 18, 2023
12:30 pm ET

Whether you consider yourself “creative” (e.g., author, artist, musician, or illustrator), “technical” (e.g., software code writer), “legal” (e.g., IP or general counsel), or all or none of the above, uncertainty about fair use of copyrighted works may arise in the course of your work. New law, like the recent Warhol Foundation Supreme Court decision, and emerging technologies, like generative artificial intelligence (AI) and machine learning (ML) models, have likely left you with more questions than answers.

One thing is clear: context matters. A different analysis is required, and potentially a different result may be reached, based on different uses of a given work.

Join us for a discussion of copyright law, the history and current state of fair use, and the application of fair use factors to generative AI and ML in a number of different contexts, to help you assess risk tolerance for copyright use with a better understanding of:

  • What is fair use in the traditional sense?
  • What AI-related use qualifies as fair use?
  • Is training an AI using a copyrighted work—whether text, image, or code—fair use?
  • Is an AI-generated work that is based on an underlying copyrighted work fair use?
  • What is the risk associated with using a particular copyrighted work?
  • What are the implications of AI on name, image, and likeness (NIL) rights?

Who Should Attend: Legal counsel and business decision makers.

Speakers:
John Gary Maynard, III, Partner, Hunton Andrews Kurth LLP
Jonathan D. Reichman, Partner, Hunton Andrews Kurth LLP
Jeremy King, Associate, Hunton Andrews Kurth LLP
Jed Patterson, Deputy General Counsel, LabWare

CLE: Hunton Andrews Kurth LLP will seek CLE credit for this program in CA, FL, GA, NY, TX and VA. Credit hours are not guaranteed and are subject to each state’s approval rules.

Questions? Please contact Pat Buttner at pbuttner@HuntonAK.com.

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