Recent court cases are beginning to hint at how copyright issues concerning the training of generative AI algorithms will be handled—but firmer guidance is needed to reassure artists, say Matt Savare and Bryan Sterba of Lowenstein Sandler, in part I of a two-part series.

As generative artificial intelligence (GAI) pervades the public zeitgeist, calls for clarity in the US intellectual property regime have intensified.

On July 12, 2023, the Senate Subcommittee on Intellectual Property convened a hearing to address the major copyright implications of GAI technology. Participants ranged from artists to GAI leaders and policy experts, and all shared a (purported) concern for the preservation of artists’ legal rights amid the explosion of GAI capabilities.

Special thanks to Lowenstein summer associate Chloe Rippe for her contributions to this article.

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