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Weigensberg Comments on Use of Video Game Footage when Developing Artificial Intelligence

TechCrunch
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Portrait of Joshua Weigensberg

Pryor Cashman Partner Josh Weigensberg, a member of the Litigation and Media + Entertainment Groups, was quoted in a TechCrunch article discussing how artificial intelligence systems that generate video and 3D spaces based on video game footage may be running afoul of creators’ intellectual property rights. 

The TechCrunch article, “It Sure Looks Like OpenAi Trained Sora on Game Content — and Legal Experts Say That Could Be a Problem,” included Josh’s comments about copyright law implications of training AI models on unlicensed clips of video game playthroughs:

“Companies that are training on unlicensed footage from video game playthroughs are running many risks,” Joshua Weigensberg, an IP attorney at Pryor Cashman, told TechCrunch. “Training a generative AI model generally involves copying the training data. If that data is video playthroughs of games, it’s overwhelmingly likely that copyrighted materials are being included in the training set.”

The article also discusses Josh’s comments on the copyright law implications when such systems “spit out recognizable, protectable IP assets as output,” as well as the implications for certain other IP rights:

“The output could also include assets that are used in connection with marketing and branding — including recognizable characters from games — which creates a trademark risk,” he said. “Or the output could create risks for name, image, and likeness rights.”

Read the full article using the link below.