Hemant Gupta, Member of the Firm, co-presents "Copyright Litigation in the Age of Generative AI: Technical, Corporate, and Creator Perspectives,” hosted by MyLawCLE.

Hemant discusses the defense and corporate perspective of copyright litigation, examining how doctrines such as substantial similarity, derivative works, and fair use are being tested, analyzing key pending cases, and outlining practical strategies for risk assessment and mitigation, from evaluating training data and negotiating vendor contracts to implementing corporate AI policies and response protocols. 

The panel provides a 360-degree view of copyright litigation in the age of generative AI. Topics include:

  • AI synopsis, its capabilities and limitations
  • Technical explanation of how generative AI tools produce content
  • Examples of creative content generation and legal challenges
  • Essential copyright concepts for AI context (substantial similarity, fair use, derivative works)
  • Key pending litigation and their potential implications
  • How traditional copyright doctrines are being tested by AI technology
  • Evaluating AI platforms based on training data sources
  • Contractual protection and red flags in vendor agreements
  • Proactive risk mitigation: Corporate AI usage policies, monitoring systems, and response protocols
  • How plaintiffs and rights holders frame copyright claims against AI developers and platforms
  • Fair use arguments from the plaintiff’s side (why training may not be transformative, market harm, etc.)
  • Strategies for demonstrating infringement, substantial similarity, or lost licensing opportunities
  • The kinds of creators and industries most directly affected (authors, artists, software developers, etc.)
  • Litigation and settlement dynamics when creators challenge AI companies

For more information, visit the event website.

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