Hot Topics in AI Lawyers Should Know: AI and copyright changes, the AI policy act, and rules of professional conduct in use of AI

Courtney Sarnow
Dhara Shah
Cari L. Sheehan, JD
Courtney Sarnow | Culhane Meadows
Dhara Shah | InfoLawGroup LLP
Cari L. Sheehan, JD | Indiana University Kelley School of Business

On-Demand: May 9, 2024

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4 hour CLE
Tuition: $295.00
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Program Summary

Session I - AI and Copyright – Analyzing The Legal Impact of Generative AI Under the Copyright Act - Courtney Sarnow

Generative AI is not only monopolizing the news, but it is legitimately changing how people live and work. With respect to human creativity as expressed in writing, art, music, etc., Generative AI is reshaping not only how we create, but how the law will address this new kind of creativity. Copyright law, which has regulated the protection of creative expression since the founding of the nation, is particularly impacted by these changes. This seminar will address what the current law is with respect to Copyright and AI, what new gaps have developed in Copyright law as a result of the advent of Generative AI, and where the trends are likely to lead us.

Key topics to be discussed:

  • Copyright
  • Generative AI
  • The intersection of Copyright and Generative AI
  • Gaps in the Current Law
  • Best Practices

Session II - The AI Policy Act – What This Means for Businesses and the Future of AI Regulation in the US – Dhara Shah

Utah was the first to cross the finish line this year in regulating the ever-increasing use of generative AI tools. This discussion will dive into key requirements the Utah AI Policy Act places on businesses, discuss key considerations for businesses integrating the use of AI – whether through internally developed tools or through engagement of AI vendors – and look forward to what is on the horizon for AI regulation in the US.

Key topics to be discussed:

  • Generative AI
  • Breakdown of Utah’s AI Policy Act
  • Key Considerations for Businesses Using AI
  • Future of AI Legislation in the US

Session III - Ethical AI in Law: Navigating the Rules of Professional Conduct - Cari L. Sheehan

This seminar aims to prepare legal and business professionals for the intricate ethical terrain that comes with incorporating artificial intelligence into the legal and business sectors. With the rise of AI technologies, attorneys encounter distinct ethical challenges and prospects in maintaining ethical integrity pursuant to Rules of Professional Conduct, particularly the following: (1) Rule 1.1 (Competence), ensuring they possess the necessary skills and knowledge to navigate AI's impact; (2) Rule 1.4 (Communication), guaranteeing clear and thorough communication with clients regarding the implications of AI technologies on their cases or business operations; (3) Rule 1.6 (Confidentiality of Information) is paramount, especially as AI tools might access or process sensitive information; (4) Rule 1.5 (Fees), particularly in the context of charging clients for the use of AI-driven services or solutions; and (5) Rule 8.4 (Misconduct/Baias) regarding actions that are prejudicial to the administration of justice and how AI can produce bias results. This seminar will discuss these Rules of Professional Conduct with live demonstrations and examples.

Key topics to be discussed:

  • Discussion of Rules of Professional Conduct 1.1, 1.4, 1.5, 1.6, and 8.4.
  • Discussion of the proper uses of AI for attorneys in compliance with the Rules of Professional Conduct
  • Live demonstrations of ChatGPT and the dangers for attorneys
  • Discussion of other concerns regarding AI regarding client use, evidence manipulation, and cybersecurity

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Courtney Sarnow_Culhane Meadows Haughian & Walsh PLLC._FedBarCourtney Sarnow, Partner | Culhane Meadows

Courtney Sarnow is a partner in the Atlanta office of Culhane Meadows with over twenty five years of experience in a broad-based transactional practice with a specific focus on intellectual property and technology. She has developed a distinctly creative and problem solving approach to address client plans and issues. As a young attorney, Ms. Sarnow learned that focusing on what a client can’t do and shouldn’t do is unnecessarily limiting and seldom helps the client maximize corporate opportunities. Her approach of looking for ways to accomplish corporate goals within an informed legal framework is more valuable for growth focused, technology forward companies than a stereotypical corporate counsel who instinctively thwarts innovation.

Early in her career with Dow, Lohnes & Albertson in Atlanta, she worked in the Mergers & Acquisitions Group and in IP Licensing with traditional clients, as well as some unusual NASCAR and Professional Bull Rider representation thrown in from time to time. This gave her an appreciation for creative clients. After a sojourn in Philadelphia at Temple University as a Teaching Fellow earning an LLM in Law Teaching and studying developing issues in computer law and software licensing, she returned to Atlanta to teach as an Adjunct at Emory Law and develop a practice focused on intellectual property protection and general corporate strategies for artists, inventers and innovative entrepreneurial ventures.

 

Dhara Shah_FedBarDhara Shah, Counsel | InfoLawGroup LLP

Dhara focuses her practice on data privacy and technology law. Dhara’s technical background and proficiency with a wide range of programming languages allows her to engage with clients’ in-house legal and operational teams to identify and handle the legal aspects of highly technical issues – while simultaneously meeting business objectives and protecting consumer privacy interests. Dhara serves as the lead of the IAPP’s AI Governance Group and is on the board of the Arizona State Bar’s Technology Advisory Group.

 

Cari Sheehan_FedBarCari L. Sheehan, JD | Indiana University Kelley School of Business

Cari Sheehan is an Assistant Clinical Professor of Business Law & Ethics at the IU Kelley School of Business – Indianapolis where she currently teaches Commercial Law and Business Ethics. Additionally, Ms. Sheehan is an Adjunct Professor at the Robert H. McKinney School of Law where she has taught courses in Appellate Practice and Procedure, Torts, and Professional Responsibility. In practice, Ms. Sheehan is a conflict ethics attorney at Scopelitis Garvin Light Hanson & Feary advising on ethical issues. Ms. Sheehan is a well-respected seminar and continuing legal education speaker covering a range of ethical issues across various platforms both locally and on a national level. Similarly, Ms. Sheehan authors a business ethics column in conjunction with the Hamilton County Business Journal about the benefits and pitfalls of business ethics.

Contact Info:
Email: [email protected]; or [email protected]
Tel: (812) 239-4187
LinkedIn: http://www.linkedin.com/in/cari-sheehan-esq-7583ba3b

Agenda

Session I – AI and Copyright – Analyzing The Legal Impact of Generative AI Under the Copyright Act | 11:40am – 1:50pm

  • Copyright Basics. What does copyright law protect? What are the limitations on that protection?
  • Generative AI basics. (non-technical) What it is, what it isn’t and where it is heading

Break | 12:40pm – 12:50pm

  • The Intersection of Copyright Law and Generative AI
    • AI training and scraping as Infringement or Fair Use
    • AI generated works as Infringement or Fair Use
    • The problem of AI “authorship” of creative works under the Copyright Act
  • Gaps in the Current Law
    • Protection of Style
    • Name Image and Likeness
  • Best Practices. How to Survive in a Legal Environment that Changes on a Daily Basis

Break | 1:50pm – 2:00pm

Session II – The AI Policy Act – What This Means for Businesses and the Future of AI Regulation in the US | 2:00pm – 3:00pm

  • Generative AI
  • Breakdown of Utah’s AI Policy Act
  • Key Considerations for Businesses Using AI
  • Future of AI Legislation in the US

Break | 3:00pm – 3:10pm

Session III – Ethical AI in Law: Navigating the Rules of Professional Conduct | 3:10pm – 4:10pm

  • Discussion of Rules of Professional Conduct 1.1, 1.4, 1.5, 1.6, and 8.4.
  • Discussion of the proper uses of AI for attorneys in compliance with the Rules of Professional Conduct
  • Live demonstrations of ChatGPT and the dangers for attorneys
  • Discussion of other concerns regarding AI regarding client use, evidence manipulation, and cybersecurity
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