Jonathan Moskin and Rachel Pauley Author Article on IP Challenges to Generative AI

Foley & Lardner LLP partner Jonathan Moskin and law graduate Rachel Pauley authored the Law.com article, “All the News That’s Fit to Pinch: NYT v. OpenAI,” exploring the emerging cases by authors and copyright owners who are challenging various generative artificial intelligence programs for using copyrighted materials.

The authors provide an overview of cases recently brought, in particular The New York Times Co. v. Microsoft Corp., and discuss several key legal precedents to assess how such a new and potentially transformative technology aligns with the dictates of copyright law.

“Where the courts ultimately come out will likely revolve around policy decisions as to the overriding benefits versus costs of the programs — not to mention protections that the program owners incorporate to prevent extensive use of copied content,” the authors conclude.

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