Training AI Models – Just Because It’s Your Data Doesn’t Mean You Can Use It

James Gatto | Sheppard Mullin

Jim Gatto has over 35 years of legal experience focused on all aspects of intellectual property strategy, technology transactions and technology-related regulatory issues, especially ones driven by new business models and/or disruptive technology. He focuses on:

• Artificial intelligence (generative AI, NLP, computer vision)
• Blockchain (blockchain games, cryptocurrency/NFTs, metaverses, digital art)
• Open Source (audits, diligence, license issues, open source policies)
• Interactive entertainment (games, AR, VR, fantasy sports, esports)

Jim has been doing work in the AI space for over 20 years. As just one example, in 2000, he started working with one of the earliest companies to develop a natural language voice processing application that leveraged AI and machine learning. After a recent successful exit, the CEO started an AI incubator that has started a number of AI companies, and Jim continues to work with him and these companies. Along the way, Jim and his colleagues have worked with numerous other AI/ML companies.

Jim is also very actively involved in helping to shape AI legal and regulatory policy. The following is a sampling of his recent activity in the AI space:

• Invited Speaker, US Copyright Office Listening Session on AI Authorship
• Invited Speaker, USPTO Listening Session on AI Inventorship Issues
• ABA-IP Section, AI/Machine Learning (AI/ML) Task Force
• International Technology Law Association, Artificial Intelligence Committee
• AIPLA, Artificial Intelligence Subcommittee

I. Litigations and enforcements involving AI tools | 2:00pm – 2:10pm

II. Issues with training AI models | 2:10pm – 2:25pm

• Infringement
• Fair use
• License restrictions
• Compliance and rights to use data

III. Legal issues with AI inputs/prompts and outputs | 2:25pm –2:40pm

• IP protection
• Infringement
• Ownership
• Terms of Use issues

IV. Regulatory issues with AI | 2:40pm – 2:50pm

• FTC guidance and enforcements
  • Bias, transparency, truthfulness, and remedies such as algorithmic disgorgement

V. Developing policies on employee use of AI to mitigate legal risk when using AI | 2:50pm – 3:00pm