Volume 25, Issue 3

This Article examines broad arguments of infringing copyright’s entitlement of the right of derivatives in the context of Generative AI (“GenAI”) systems. Copyright owners make derivatives arguments against various activities in the GenAI supply chain even in the absence of substantially similar output. They make these arguments in an attempt to go around the limitations …

This Article examines the challenges and prospects of crowd‑sourcing generative artificial intelligence (“GenAI”) systems in patent law as human and machine creativity become seamless. As GenAI technologies like GPT-4 become ubiquitous, AI-generated solutions will be less innovative and will complicate tenets about patentability. An evolution of patent law’s non-obviousness standard provides an elegant solution––borrowing from …

The Article discusses the challenges and implications of applying existing copyright law to a subset of artificial intelligence (“AI”) that creates new data known as generative AI (“Generative AI”). Specifically, the Article examines the mismatch between copyright law and the unique legal complexities that arise from the training and use of Generative AI. The Article …

 Artificial intelligence (“AI”) systems can operate in ways that their designers may not fully understand. This creates a series of important questions regarding trade secrets. This Article argues that AI system designers should be able to hold trade secret rights in AI algorithms even when they are unable to articulate how those algorithms operate. However, …