
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 | May 3, 2021
The threshold question of who decides whether a dispute is subject to an arbitration agreement continues to be hotly contested. In Wilson-Davis v. SSP America, Inc., a California appeals court determined that arbitrability— that is, whether the parties agreed to arbitrate a particular dispute—is to be decided by a court and not an arbitrator unless the parties clearly and unmistakably provide otherwise in a collective bargaining agreement (CBA). In so holding, the court jettisoned prior distinctions between commercial agreements and CBAs on the issue of arbitrability.
The court held a mere reference that grievances were to be resolved under the CBA was not an express delegation to the arbitrator to decide whether a dispute was subject to arbitration. So, for unionized employers, if you want the arbitrator to decide this threshold question, you must negotiate appropriate language in your labor contracts. The court also concluded that the arbitration agreement did not encompass statutory wage-and-hour claims because there was no clear and unmistakable reference to statutory claims in the CBA.
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.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2025