
Publication
Infringement risk relating to creation and use of the output of a generative AI system
Where the Output of a generative AI system is the same or substantially similar to a third party’s copyright work
United States | Publication | August 4, 2021
Over the years, the National Labor Relations Board has devised a set of rules in its case law to protect the integrity of secret ballot elections. In Professional Transportation, Inc. 370 NLRB No. 132 (2021), the Board added another rule, unanimously holding that the solicitation of mail ballots constitutes objectionable conduct in a Board election. Previously, the Board had held that a party engages in objectionable conduct if it collects or otherwise handles mail ballots.
Here, a union representative left a voicemail for an employee in which he allegedly said: “if you need help on [sic] getting [the ballot] sent back one way or the other, I can help you with that.” The Board held that this offer to collect an employee’s mail ballot—which it described as “solicitation”—was equally objectionable and could upend the result of an election.
With mail ballot elections on the rise, the Board’s decision is of great importance to employers.
Publication
Where the Output of a generative AI system is the same or substantially similar to a third party’s copyright work
Publication
The approach and requirements for intellectual property rights to subsist in computer-generated works vary from jurisdiction to jurisdiction.
Publication
Generative AI systems are trained using vast amounts of data, often taken from sources in the public domain that may be protected by copyright or other intellectual property rights, such as, in the UK and EU, a database right.
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