Much of the focus surrounding recent advancements in Artificial Intelligence has been centered on its impact on Intellectual Property. IPs hold significant value for businesses looking to grow and protect the work being done.
AI, however, complicates this, as AI technologies pull from swaths of human-authored information, images, videos, sounds, data, and more. You and your business must be aware of the potential IP vulnerabilities in your use of AI to avoid costly lawsuits.
AI programs put the onus on the user
These programs readily confess to potential IP violations and have policies putting the responsibility of IP checks on the user. They claim no liability themselves, stating that users must be aware of any potential Intellectual Property violations in how they use the output of these programs.
MidJourney, a high-quality AI image generator, states in its Terms of Service:
“If You knowingly infringe someone else’s intellectual property, and that costs us money, we’re going to come find You and collect that money from You. We might also do other stuff, like try to get a court to make You pay our attorney’s fees. Don’t do it.”
Users have already noted that artist signatures are often included and obscured in images generated by AI programs. ChatGPT, a free-to-use AI chat program by OpenAI, puts a similar responsibility on its users.
Businesses need to monitor AI output for trademark purposes
Businesses must be aware of how their own marks are being used in conjunction with AI. If your business has a trademark portfolio, you must monitor the use and prevent the abuse of those marks to uphold trademark protection.
As we already established, AI programs aren’t shy about admitting potential Intellectual Property infringement. The users have to monitor how and when these violations occur, so we can only trust these programs as far as we can trust their users. When your business decides not to monitor or enforce your own trademarks then you give up serious value in your business.
Florida businesses can’t afford to fall behind
The team at Bryant Taylor Law is and will continue to monitor AI developments that impact Florida businesses. There are several concerns that businesses must be aware of before implementing AI into their daily operations.We handle trademark applications and can help you protect your mark for years to come. Schedule a consultation if you need help navigating important Intellectual Property matters in the world of Artificial Intelligence.
Bryant Taylor
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