
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
On April 28, 2021, the Ninth Circuit reversed a district court’s order preliminarily enjoining enforcement of California Assembly Bill 5 against motor carriers doing business in California. As readers know, AB 5 codified the “ABC” Test for classifying workers as either employees or independent contractors, as adopted by the California Supreme Court in Dynamex Operations W. v. Superior Ct., 4 Cal. 5th 903 (2018). In California Trucking Association v. Bonta, a split panel of the Ninth Circuit held the district court abused its discretion in enjoining enforcement of AB 5 on the grounds it was preempted by the Federal Aviation Administration Authorization Act (FAAAA). In so holding, the Ninth Circuit determined AB 5 “is a generally applicable labor law that affects a motor carrier’s relationship with its workforce and does not bind, compel, or otherwise freeze into place the prices, routes, or services of motor carriers.” As such, AB 5 is not preempted by the FAAAA.
In dissent, Judge Bennett wrote that, as applied to California Trucking Association’s members, the FAAAA preempted AB 5 because it both affects a motor carriers’ relationship with their workers and significantly impacts the services motor carriers are able to provide to their customers.
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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