Use of Generative AI output carries a high risk of intellectual property infringement liability, particularly with respect to infringement of copyright protected works.
In our previous Generative Artificial Intelligence 101 blog post, we highlighted the various ways in which Generative AI is unreliable and still incapable of truly replicating human work. In today’s post, we
Government
Percipient.ai, Inc. v. U.S.: Government Requests Reconsideration of Federal Circuit’s Decision on Bid Protest Jurisdiction and Standing
As previously discussed on this blog, the Federal Circuit issued a major decision in June 2024 addressing bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”): Percipient.ai, Inc. v. United States.
On September 5, 2024, the United States filed a petition for rehearing of that case — requesting that the…
Generative Artificial Intelligence 101: Evaluating the Consistency and Reliability of Generative AI for Content Creation
Generative AI still cannot consistently or reliably create content without substantial inaccuracies, racial and gendered biases, or outright fabrications.
In our previous Generative Artificial Intelligence 101 blog post, we defined Generative AI and its many benefits. This time we will discuss why we cannot rely on Generative AI completely, just yet.
While Generative AI…
August 2024 Developments Under President Biden’s AI Executive Order
This is part of an ongoing series of Covington blogs on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The first blog summarized the AI EO’s key provisions and related OMB guidance, and subsequent…
August 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
This is part of a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various government agencies to implement…
Q&A: What Are Some of the Key Legal Issues Facing AI Companies?
The Key Legal Issues Facing AI Companies
Our firm recently launched our AI subpage reflecting our growing expertise in this nascent industry. While developing this page, we also wrote a wide-ranging FAQ of some of the most pressing questions for companies developing AI or using AI. Some of these are based on actual questions we…
Department of Labor Issues New Guidance on the Use of Artificial Intelligence and Employment Decision-Making
By Philip Lee
On April 29, 2024, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released guidance to federal contractors regarding the use of artificial intelligence (AI) in their employment practices. See https://www.dol.gov/agencies/ofccp/ai/ai-eeo-guide. The guidance reminds federal contractors of their existing legal obligations, the potentially harmful effects of AI on employment decisions if used…
Using the Machine: Evolving Notions of Originality in Copyright Law and AI-assisted Art
One of the more significant AI copyright cases pending in the U.S., Thaler v. Perlmutter, is scheduled for oral argument before the D.C. Circuit Court of Appeals next month. It’s an appeal of a case the appellant, Stephen Thaler, lost in the U.S. District Court for the District of Columbia.
I await oral argument and…
Generative Artificial Intelligence 101: What Is Generative AI, and What Are Its Benefits?
What Is Generative AI, and What Are Its Benefits?
To understand the impact of generative artificial intelligence technology (Generative AI), it is helpful to understand first how this technology differs from artificial intelligence that has been in routine use by many industries.
Artificial intelligence encompasses any theory, computer system, or software that is developed to…
Generative Artificial Intelligence 101: An Introduction
What is Generative AI, what can it do, and what should you be worried about?
Generative artificial intelligence technology (“Generative AI”) has seen a surge in advancement and attention in the past few years. With the release of ChatGPT and other generative artificial intelligence models (also referred to as “generative AI programs” or simply AI…