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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 …
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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 …
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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 …
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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, …
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Last summer, UNC’s law journals tasked prospective student staff members with writing a note. The subject was to be State v. Gaddis, a criminal case involving a finding of harmless error. The harmless error doctrine holds that when a trial court errs, but the error does not affect the case’s outcome, an appellate court will not reverse the …
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Understanding Litigation Finance Litigation finance is when a third-party invests in a lawsuit in hopes of sharing in the profits of a successful verdict. A recent survey found that more than forty U.S. litigation finance companies exist. This survey, conducted over the course of one calendar year, found that these firms invested $2.33 billion in capital to litigation matters. …
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In January 2024, for the first time, a National Football League (“NFL”) playoff game was broadcast exclusively on a streaming service. Much to the disdain of fans, the game between the Kansas City Chiefs and the Miami Dolphins during the NFL’s “Super Wildcard Weekend” was only available with a paid subscription to NBC’s Peacock. Despite public outrage, however, over …
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Generative AI certainly challenges our traditional notions of intellectual property rights, especially within copyright law. Novel AI tools such as Midjourney and Chat GPT raise new questions about whether works created with artificially intelligent machines can be copyrighted. While the U.S. Copyright Office announced that works created by AI without human intervention or involvement still cannot be copyrighted, …
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The New York Times (“NYT”) recently filed complaints against Microsoft and OpenAI, alleging copyright infringements in their use of the Times’ copyrighted materials to train ChatGPT. First, NYT alleged that the defendants engaged in copying substantial NYT content when building their Large Language Models. OpenAI incorporates internal corpus such as WebText, WebText 2, and external sources like Common Crawl …
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