In an expert analysis published by Law360, Partners Joshua Lerner and Nora Passamaneck explore the unique issues and requirements for trade secret law and AI, as generative AI tools become more broadly adopted.
Excerpt: “While the U.S. District Court for the District of Columbia rejected copyright protection for AI in Thaler v. Perlmutter last August, that case was unique insofar as there was no human hand in the purported copyrighted work. The court expressly left open the possibility that the same result may not follow in a case in which there was more human involvement in the work. Thus, even the basic question of ownership may not tilt so far in favor of trade secret law in future cases.”
