Artificial Intelligence Archives - Joshua D. Waterston, Esq.

First AI copyright infringement settlements – both within a week: Anthropic and Eleven Labs avoid risking billion-dollar valuations.

Joshua D. Waterston, Esq.2025-09-12T13:27:05-04:00August 28th, 2025|Artificial Intelligence, Contracts, Copyright, Intellectual Property, Licensing|

Big news: Vacker v. Eleven Labs and Bartz v. Anthropic have settled. Why did they settle, and what does this mean for the other 46 AI copyright infringement cases currently pending? Vacker v. Eleven Labs: Aug. 20th Stipulation to Stay Proceedings Bartz v. Anthropic: Aug. 26th Order re: Settlement in Principle First, there are a few common themes: The alleged copyright infringement was blatant and intentional The companies faced both reputational and financial harm Both were raising money based on valuations of billions of dollars Their losses could potentially damage or destroy the business model (some companies training on everything, [...Read More...]

Judge: Meta Wins but Transformative Element of Fair Use Doesn’t Outweigh Market Impact

Joshua D. Waterston, Esq.2025-09-12T13:38:54-04:00June 26th, 2025|Artificial Intelligence, Contracts, Copyright, Intellectual Property, Licensing|

"Every battle is won before it is ever fought." - Sun Tzu. Meta just won an early skirmish in the battle over whether AI training is fair use - but AI companies may end up losing overall if they focus on only the transformative element of copyright law's fair use test without addressing the market impact. Judge Chhabria's June 25, 2025 Order in Kadrey v. Meta Yesterday, in Kadrey v. Meta, Judge Chhabria granted Meta summary judgment, and said that even if training AI models on copyrighted works is transformative - "As a factual matter, there’s no disputing [...Read More...]

Congratulations to Josh Waterston and Lewis Sorokin on receiving the Artificial Intelligence Governance Professional certification

Joshua D. Waterston, Esq.2025-09-12T12:20:20-04:00October 23rd, 2024|Artificial Intelligence, Intellectual Property|

Wilftek is pleased to announce that Josh Waterston and Lewis Sorokin have each earned Artificial Intelligence Governance Professional certifications from the International Association of Privacy Professionals (IAPP). AI governance professionals are tasked with the critical responsibility of evaluating AI, integrating relevant standards and best practices, and developing and implementing strategies for compliance with applicable laws and regulations. With the global expansion of AI technology, there is a rapid, cross-industry need for these professionals to understand and execute AI governance in a safe and responsible manner. At Wilftek, we help our clients create new businesses, move forward with business opportunities, and [...Read More...]

USPTO AI Guidance for Lawyers: You can use AI – but don’t blame it for your mistakes.

Joshua D. Waterston, Esq.2025-09-12T12:35:05-04:00May 17th, 2024|Artificial Intelligence, Intellectual Property|

Today, the USPTO issued its new guidance on using AI. This is for lawyers and others who practice before the patent and trademark office, and builds upon its internal guidance from this past February. The document is "Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office", released this morning (Press release here / draft Federal Register notice here), and is similar to its internal guidance to the PTAB and TTAB on February 6th. The guidance (especially Section III) clarifies to practitioners that: Existing rules still apply (candor, good faith, review and certification of submissions, confidentiality, etc.). [...Read More...]