Copyright and trademark law considerations for interacting with Generative AI Tools are becoming increasingly important for creators. As Generative AI Tools become more prevalent, it is important to consider how use of such tools may impact copyright ownership, control of existing rights in works used as inputs, and potential risks of infringement of various intellectual property rights (including copyrights, trademarks, and rights of publicity). This is a rapidly evolving area of law, policy, and technology and this session is meant to provide an introduction to the current U.S. considerations for creators interested in Generative AI, including a discussion of the U.S. Copyright Office’s recent guidance on how to register works that include content created using Generative AI Tools, current U.S. policy discussions, and an overview of certain key cases in the U.S. courts.
Continuing Legal Education: 1 CLE credit for attorneys (Professional Practice). Approved for Non-Transitional and Transitional Attorneys.
Instructor:
Rachel Fertig, Associate, DLA Piper
Rachel brings extensive experience in the media industry and U.S. Copyright Office to her practice, specializing in copyright transactions, litigation, and counseling. She advises clients across various industries, including art, music, fashion, technology, and media, on high-stakes copyright matters. Rachel is well-versed in copyright litigation, offering expertise on fair use arguments and representing copyright owners and content users before trial and appellate courts nationwide. Her services also encompass copyright clearance, risk analysis, protection for product launches, licensing, and pre-litigation dispute resolution. Rachel actively contributes to the copyright community through pro bono work, serving as co-chair of the DC Chapter of the Copyright Society of the United States and the ChIPs NextGen Mock Pitch Committee.
Prior to joining DLA, Rachel worked as a Barbara Ringer legal fellow at the U.S. Copyright Office, where she contributed to significant projects such as the DMCA safe harbor provisions study, the Supreme Court brief in Star Athletica, L.L.C. v. Varsity Brands, Inc., revisions to the Compendium of U.S. Copyright Office Practices (3d ed.), and the Review Board’s final appeals on rejected copyright applications. She started her career as a copyright counsel to the Association of American Publishers, actively engaging in government-wide reviews of the Copyright Act by drafting public comments on behalf of over 350 publishers.
Gregory DeSantis, Associate, DLA Piper
Greg’s practice focuses on intellectual property, including U.S. and International trademark law matters copyright, advertising and media law. He advises clients on all aspects of U.S. and international trademark law, including trademark prosecution, clearance, maintenance and enforcement. Greg advises media companies and major brands to produce, license and monetize creative content. He assists media companies and brands in navigating their intellectual property and contractual rights that affect how campaigns are activated and content is distributed across all media. Greg also advises clients on structuring and negotiating influencer and celebrity endorsement and other advertising agreements.
Greg has been published discussing intellectual property law matters with NYSBA’s Entertainment Arts and Sports Law Journal and on Playbill.