Kevin Werbach interviews Dale Cendali, one of the country’s leading intellectual property (IP) attorneys, to discuss how courts are grappling with copyright questions in the age of generative AI. Over 30 lP awsuits already filed against major generative AI firms, and the outcomes may shape the future of AI as well as creative industries.

While we couldn't discuss specifics of one of the most talked-about cases, Thomson Reuters v. ROSS -- because Cendali is litigating it on behalf of Thomson Reuters -- she drew on her decades of experience in IP law to provide an engaging look at the legal battlefield and the prospects for resolution.

Cendali breaks down the legal challenges around training AI on copyrighted materials—from books to images to music—and explains why these cases are unusually complex for copyright law. She discusses the recent US Copyright Office report on Generative AI training, what counts as infringement in AU outputs, and what is sufficient human authorship for copyirght protection of AI works. While precedent offers some guidance, Cendali notes that outcomes will depend heavily on the specific facts of each case. The conversation also touches on how well courts can adapt existing copyright law to these novel technologies, and the prospects for a legislative solution.

Dale Cendali is a partner at Kirkland & Ellis, where she leads the firm’s nationwide copyright, trademark, and internet law practice. She has been named one of the 25 Icons of IP Law and one of the 100 Most Influential Lawyers in America. She also serves as an advisor to the American Law Institute’s Copyright Restatement project and sits on the Board of the International Trademark Association.

Transcript

Thompson Reuters Wins Key Fair Use Fight With AI Startup

Dale Cendali - 2024 Law360 MVP

Copyright Office Report on Generative AI Training