Womble Perspectives

In a recent personal injury case, a New York attorney learned a hard lesson about the risks of using "generative" artificial intelligence (AI). The attorney, representing Robert Mata, filed a response to a motion to dismiss which cited several cases in Mata's favor. However, it was soon discovered that none of the cited cases actually existed. Avianca, the opposing party, brought this to the court's attention, resulting in an order for Mata's attorney to provide copies of the cases. Eventually, it was revealed that the attorney had used an AI website called Chat GPT to supplement his legal research, and the AI had provided non-existent cases. The court issued Orders to Show Cause, questioning why the attorney should not be sanctioned. This case highlights the need for attorneys to be cautious when using generative AI and to verify the accuracy of its output before filing.

Read the full article here: https://www.womblebonddickinson.com/us/insights/alerts/brief-hallucination-generative-ai-can-land-you-hot-water

Click to learn more about our authoring attorneys

• Chris Mammen (Bio | LinkedIn)
• Jill Rothstein (Bio | LinkedIn)
• James Dority (Bio | LinkedIn)

On May 18, the Supreme Court made a decision regarding the issue of "fair use" in copyright law. The case involved the Andy Warhol Foundation's commercial licensing of a print based on a photograph of the artist Prince taken by Lynn Goldsmith. The Court focused on the first factor of fair use, which considers the purpose and character of the use, including whether it is commercial in nature. The foundation argued that their use was transformative, conveying a different meaning than the photograph. However, the Supreme Court affirmed the decision of the appeals court, stating that the foundation did not alter the purpose and character of the original photograph enough. This decision has sparked discussions about the implications for copyright law, the art industry, and the use of copyrighted material in artificial intelligence. The Court emphasized that fair use should be analyzed on a case-by-case basis. It also noted that this specific opinion only applies to the use of the image in question and does not provide an opinion on other uses of Warhol's Prince series. Additionally, the decision raises questions about the use of copyrighted works in AI-generated content, as courts may consider how AI-produced works are used and whether they supplant the original work or offer commentary or critique.

Read the full article here: https://www.womblebonddickinson.com/us/insights/alerts/good-artists-copy-great-artists-steal-supreme-court-seemingly-narrows-first-factor

Click to learn more about our authoring attorneys

• Carrie Richey (Bio | LinkedIn)
• Daniel M. Grigore (Bio | LinkedIn)

Other Related Links: 

• Drake or Fake? A Lawyer Explains the Legality of AI-Generated Music (Vice)

In this episode, we dive into the potential pitfalls and legal implications of using generative AI tools like ChatGPT and Copilot. We explore the recent incidents of corporate-secret leaks involving ChatGPT at Samsung, where confidential source code information was inadvertently disclosed. We also discuss the class action lawsuit against GitHub, Microsoft, and OpenAI, alleging that Copilot pirated software without giving credit to original authors. Additionally, we explore the intersection of AI and patents, discussing a hypothetical scenario where an inventor uses ChatGPT to enhance a product idea and the implications it has on patentability. Join us as we navigate the legal and pragmatic questions surrounding AI tools, disclosure of proprietary information, patentability, and intellectual property rights.

Read the full article here: https://www.womblebonddickinson.com/us/insights/alerts/potential-pitfalls-and-best-practices-using-ai-tools-generate-code

Click to learn more about our authoring attorneys

• Chris Mammen (Bio | LinkedIn)
• Fabio E. Marino (Bio | LinkedIn)
• Daniel M. Grigore (Bio | LinkedIn)

Other Resources

• Growing Global | Womble Bond Dickinson
• Samsung Software Engineers Busted for Pasting Proprietary Code Into ChatGPT (PCMag)
• OpenAI, Microsoft want court to toss lawsuit accusing them of abusing open-source code (Reuters)
• What should the patent attorney do? (Patently0)
• To AI or Not to AI: U.S. Copyright Office Clarifies Options (Womble Bond Dickinson)
  
  
  

We are proud to introduce our revamped podcast: Womble Perspectives.

In this series, we explore a wide range of topics from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever-changing legal landscape. 

With a focus on innovation, collaboration and client service, we are committed to delivering exceptional value to our clients and to the communities we serve. 

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