AI and IP

Information Introduction

Section 1, Spring 25

Schedule Information

Enrollment: /15
Credits: 2
Days Time Room Start Date End Date


1330-1530 SL276

Course Description

Intellectual property rights have traditionally been granted to protect and to encourage human creativity. The rise of creative “artificial intelligence” (AI) now poses deep issues concerning both (i) whether, and to what extent, IP rights should extend to works created solely by AIs or with the assistance of AIs, and (ii) whether, and to what extent, the training and use of AIs infringe the body of extant works covered by IP rights. Already (meaning by the middle of 2024), test cases have been brought to try to protect AI-created works directly, with the AI itself being named as the author (for copyrights) or inventor (for patents). While the U.S. courts have so far rejected such attempts to grant IP rights to directly machine authors and inventors, the situation in other countries is not so clear. More difficult issues, however, concern the extent to which a human can claim authorship or inventorship despite having obtained substantial assistance from an AI. Here, the legal answers inside and outside the U.S. appear to be nuanced. The other branch of issues—those concerning infringement liability for the training and use of AIs—are now being litigated in enormously important suits brought by content generators such as the New York Times, Sony and Universal against AI companies such as OpenAI and Microsoft. This seminar will examine the rapidly evolving law and policy related to these issues both in the United States and in foreign countries. While it will focus on copyright and patent law, the seminar will also consider the implications of AI on other branches of IP law, including Trademark, Trade Secret and Name-Image-and-Likeness rights. For students seeking to practice in the creative industries, the seminar will be an extremely valuable introduction into some of the most challenging and consequential legal issues of the present and the future.

Course Requirements

Exam Information

Final Type (if any): None

Description: None

Written Work Product

Students will be evaluated on the basis of class participation and five short papers discussing the legal and policy implications of AI. The written work will be due at specified dates during the semester and before the start of exams. All written work will be submitted directly to the professor by email or through Canvas, not through EXPO.

Other Course Details

Prerequisites: None Concurrencies: (Copyright Law (8009) OR Patent Law (8010) OR Trademark Law (7047) OR Trade Secret Law (7200) OR Survey of Patent, Copyright, Trademark (7044))

Exclusive With: None

Laptops Allowed: Yes

First Day Attendance Required: Yes

Course Resources: To be announced.

Graduation Requirements

Satisfies Understanding Bias/Racism/Cross-Cultural Competency requirement: No

Satisfies Writing Requirement: No

Credits For Prof. Skills Requirement: No

Satisfies Professional Ethics: No

Additional Course Information

Schedule No.: 125218826

Modified Type: ABA Seminar

Cross Listed: No

Waitlist Count: 0

Concentrations: Intellectual Property , Law and Technology

Evaluation Portal Via LawWeb Opens: Sunday, April 13, 12:01 AM

Evaluation Portal Via LawWeb Closes: Sunday, April 27, 11:59 PM

Information reflected on this page was last refreshed at: Friday, July 19, 2024 - 7:02 AM *

*During open enrollment periods, live enrollment data may be found in SIS.