A New York court just decided some important preliminary motions (which I previously covered here in this post) involving allegedly unauthorized AI cloning of voice actors. The court reached a split decision, concluding “that, for the most part, Plaintiffs have not stated cognizable claims under federal trademark and copyright law. However, that does not mean they are without a remedy. Rather, claims for misappropriation of a voice, like the ones here, may be properly asserted under Sections 50 and 51 of the New York Civil Rights Law [which protect name, image and likeness], which, unlike copyright and trademark law,…
Continue Reading Voices on Trial: Voice Actors, AI Cloning, and the Fight for Identity Rights

The use of AI recording tools has become prevalent. Companies’ policies addressing the legal issues with these tools is not yet as prevalent. If your company’s AI policy does not address these issues, it needs to be updated. A recently filed class action stems from one fact scenario where legal issues may arise. It is not the first suit against AI recording and it will not be the last. The lawsuit claims violation of the Federal Wiretap Act. 18 U.S.C. § 2510 et seq based on use of a third party service that records and perform AI analysis on calls…
Continue Reading “Listen Up” if Your AI Policy Does Not Cover AI Recording Issues – Another Class Action Lawsuit Filed Over Third Party AI Recording Service

On June 4, 2025, Reddit, Inc. (“Reddit”) filed suit against Anthropic, PBC (“Anthropic”) in the Superior Court of California, alleging that Anthropic scraped and commercially exploited Reddit user data—including deleted posts—without consent or compensation.[1] Unlike recent enforcement efforts that have centered on establishing copyright infringement liability, Reddit’s complaint brings five causes of action—breach of contract, unjust enrichment, trespass to chattels, tortious interference, and unfair competition—reflecting a strategic choice to deploy contractual and privacy-based claims to address Anthropic’s allegedly unauthorized scraping of Reddit data.[2]…
Continue Reading Beyond Copyright: Reddit’s Lawsuit Against Anthropic

The California Privacy Protection Agency recently released revised draft regulations that significantly scale back its proposed rules for Automated Decisionmaking Technology (ADMT). The updates narrow the reach of the ADMT rules, excluding technologies that merely assist (rather than replace) human decision-making. The new rules also ease risk assessment requirements for using personal data to train ADMT. You can read more about the latest draft regulations on our privacy blog HERE.
Continue Reading California Scales Back Proposed AI Privacy Rules

M&A in the AI sector is redefining deal risk, especially when sensitive data is involved. As AI companies power breakthroughs in biotech, healthcare, defense, and critical infrastructure, the stakes for companies acquiring businesses handling proprietary data, biotech research, medical records, trade secrets, critical technology or government intelligence have never been higher. In an era where a single data breach or compliance failure can derail innovation and shatter market trust, due diligence has evolved from a legal checkpoint to a mission-critical strategy for safeguarding value in a rapidly disrupting landscape.
Continue Reading Guarding Against the Unknown: M&A Due Diligence of AI Companies in Data-Sensitive Sectors

For many reasons, existing open source licenses are not a good fit for AI. Simply put, AI involves more than just software and most open source licenses are designed primarily for software. Much work has been done by many groups to assess the open source license requirements for AI. For example, the OSI has published its version of an AI open source definition – The Open Source AI Definition – 1.0. Recently, the Linux Foundation published a draft of the Open Model Definition and Weight (OpenMDW) License.
Continue Reading AI Drives Need for New Open Source Licenses – Linux Publishes the OpenMDW License

The Copyright Office released a “Pre-publication” version of Part 3 of its Report on Copyright and AI. Coincidentally (?) Shira Perlmuter, the Register of Copyrights, was fired amid a shakeup at the Copyright Office. The Report was also supposed to address infringement issues, but did not. Those issued will now be addressed in a Part 4 of the Report. …
Continue Reading Copyright Office Report on Training AI and Fair Use

In a significant move to address the tension between copyright and generative artificial intelligence (AI), the UK’s Copyright Licensing Agency (CLA), Authors’ Licensing and Collecting Society (ALCS), and Publishers’ Licensing Services (PLS) have announced plans to launch a collective licensing framework for AI training. The opt-in license would allow AI developers to use text-based published works—such as books, journals, and magazines—for training, fine-tuning, and retrieval-augmented generation (RAG) while ensuring that creators are compensated. The license is expected to roll out in Q3 2025, following further consultation with publishers.
Continue Reading UK’s Collective Licensing Initiative Aims to Harmonize AI and Copyright Law

Congress has reintroduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act— a bipartisan bill designed to establish a federal framework to protect individuals’ right of publicity. As previously reported, the NO FAKES Act was introduced in 2023 to create a private right of action addressing the rise of unauthorized deepfakes and digital replicas—especially those misusing voice and likeness without consent. While the original bill failed to gain traction in a crowded legislative calendar, growing concerns over generative AI misuse and newfound support from key tech and entertainment stakeholders have revitalized the bill’s momentum.
Continue Reading Congress Reintroduces the NO FAKES Act with Broader Industry Support

We previously reported on the groundbreaking AI Fair Use ruling in the Thomson Reuters Ross Intelligence case, where the court found that based on the facts of this case fair use was not a defense. Ross Intelligence moved, pursuant to 28 U.S.C. § 1292(b), for certification of the Court’s Order, for interlocutory appeal and for a stay pending that appeal. The Court has now granted that request.
Continue Reading Court Grants Interlocutory Appeal on AI Fair Use Issue

The integration of artificial intelligence (AI) tools in healthcare is revolutionizing the industry, bringing efficiencies to the practice of medicine and benefits to patients. However, the negotiation of third-party AI tools requires a nuanced understanding of the tool’s application, implementation, risk and the contractual pressure points. Before entering the negotiation room, consider the following key insights:…
Continue Reading Key Considerations Before Negotiating Healthcare AI Vendor Contracts

The power of large language models (LLMs) that enables generative AI derives from vast quantities of data. Much of this data comes from scraping all forms of content from the internet. Despite the benefits, this practice raises numerous legal issues, some of which implicate IP issues. Dozens of pending lawsuits in the US alone include claims involving IP issues with data scraping. The recent OECD report titled “Intellectual Property Issues in AI Trained on Scraped Data” (Report) explores the intricate relationship between AI and IP rights, particularly focusing on data scraping practices used in AI training. It aims…
Continue Reading OECD Report on Data Scraping and AI – What Companies Can Do Now as Policymakers Consider the Issues

While AI has many people uptight, Aescape has developed technology to help you relax – AI robotic massage. Aescape touts that it combines the timeless art of massage with robotics and artificial intelligence to deliver an exceptional massage experience every time. The “Aertable” (i.e., the massage table) has bolsters, headrests, and armrests that are all adjustable to provide a customized fit during each session. It also has continuous feedback which allows for real-time adjustments to optimize comfort. The “Aerscan” system captures 1.2 million data points, precisely mapping your body’s muscle structure to create a unique blueprint for a highly personalized…
Continue Reading If You Are Uptight About AI, This May Relax You