Pryor Cashman Partners Joshua Weigensberg and Felicity Kohn, members of the Litigation and Media + Entertainment Groups, co-wrote an article for Law360 that looks ahead to copyright and generative artificial intelligence (AI) issues for 2024.

In “Copyright And Generative AI Developments To Watch In 2024,” Josh and Felicity say that:

…pending AI-related litigations, many of which were filed in the past year, will test the viability of several theories of liability against generative AI platforms and are likely to provide guidance on the potential defense of fair use.

At the same time, executive and legislative action are likely to shape copyright policy in 2024, if not copyright law directly.

They look at several active litigations that will examine “key questions about AI liability for copyright infringement,” including pending cases against OpenAI, Meta Platforms, Alphabet/Google, and others.

The article goes on to note that beyond judicial review of copyright and AI issues, there is likely to be legislative action from Congress (including the NO FAKES Act) and the U.S. Copyright Office (following the Biden Administration’s October 2023 executive order on AI).

Read the full article using the PDF linked above.