Haynes Boone Counsel Annie Allison spoke with Managing IP to review the key copyright and trademark trends of 2024 as the year draws to a close.
Allison told Managing IP that the US Copyright Office is not registering copyright for portions of work that were created by AI.
"That can significantly affect a client’s overall enforceable rights. We’re definitely counselling clients to make sure that they’re considering that,” she says.
AI has also given rise to questions about the right of publicity, or the right to prevent one’s name image, and likeness from being commercially exploited – especially given prominent examples of AI-generated replicas.
Allison says people have been thinking more about these rights during the year.
“When you get a new technology, it definitely makes you think about how IP may be implicated,” she notes.
She adds that people sometimes think of this as an issue that’s just relevant to celebrities.
“But when you have corporate acquisitions and someone is buying or selling a company that has a tremendous amount of goodwill that’s tied to an individual – you have a personality rights issue that needs to be thought through,” she says.
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