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Strategic Considerations in AI Copyright Litigation in the U.S.

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MoFo is handling much of the copyright litigation at the forefront of today’s AI innovations. As AI-based products play an increasing role in business and culture, more and more copyright litigation will involve AI issues. 

MoFo is handling much of the copyright litigation at the forefront of today’s AI innovations. As AI-based products play an increasing role in business and culture, more and more copyright litigation will involve AI issues. Our panelists from MoFo’s copyright litigation team will discuss the current copyright litigation landscape for companies that make and use AI-based products, including:<ul><li dir="ltr"> Fair use considerations in training AI systems</li></ul><ul dir="ltr"><li>Copyright considerations in using the output of AI systems</li><li>Copyrightability of works created with the help of AI</li><li dir="ltr">Damages theories and other potential remedies </li></ul><hr>

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Clients turn to Joe Gratz to handle trailblazing litigation where copyright and trademark law meet new technologies. An experienced litigator, Joe draws on his strong technical background to distill complex issues into simple, accurate concepts for judges, juries, and clients. Joe’s cases have set key precedents in Internet law, from the Google Books case that laid the groundwork for today’s generative AI innovations to key cases establishing the boundaries of intermediary liability. In addition to representing their interests in the courtroom, Joe helps his clients navigate their thorniest product counseling puzzles to reduce the risk of litigation.His appellate victory in Long v. Facebook set the standard for platforms in carrying out DMCA removals of user-generated content. And Joe’s win in Stevens v. CoreLogic established limitations on DMCA 1202 claims that have since been adopted by numerous other courts. His amicus brief on behalf of independent booksellers was cited by the Supreme Court in its opinion in Wiley v. Kirtsaeng, and he has submitted amicus briefs in other copyright cases on behalf of Center for Democracy & Technology (in Oracle v. Google) and on behalf of art law professors (in Warhol v. Goldsmith).A recognized commentator on copyright and internet law, Joe was selected as an advisor for the American Law Institute’s project to develop a Restatement of Copyright, and serves on the Advisory Board of the Electronic Frontier Foundation. He frequently speaks on emerging issues in Internet law and was called upon by the Senate Judiciary Committee in 2020 to testify about the interaction between the DMCA 512 safe harbor and fair use. Joe was the 2022 recipient of the California Lawyers Association’s IP Vanguard award, presented to one private practitioner each year for achievements at the forefront of emerging issues in intellectual property law.

Joseph Gratz

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Roman Swoopes is head of the litigation department for Morrison Foerster’s Palo Alto office. He focuses his practice on patent, copyright, and trade secret litigation and counseling. He represents clients in industries including computer software, hardware, and peripherals, data storage, digital imaging, consumer electronics, music, and graphic design. In a case the court dubbed the “World Series of IP Cases,” Roman successfully argued in court against partial summary judgment on a copyright claim and in support of a favorable claim construction at a Markman hearing. He has represented clients at intellectual property trials, where he worked closely with expert witnesses. Roman has considerable experience in the areas of copyrightable and patent-eligible subject matter for software. He has also represented clients in disputes involving open source software licenses, such as the GNU General Public License (GPL).In 2022 Roman was recognized as a “Lawyer on the Fast Track” as part of The Recorder’s California Legal Awards for his patent and copyright practice.  Roman was also profiled in 2020 by Bloomberg Law for its “They’ve Got Next” series which spotlights young lawyers who are raising the bar in their practices.Roman served as a law clerk to the Honorable Raymond T. Chen of the U.S. Court of Appeals for the Federal Circuit and to the Honorable Ronald M. Whyte of the U.S. District Court for the Northern District of California. Prior to law school, he worked at Accenture, one of the world’s largest information technology consulting companies.Roman received his J.D. from Stanford Law School. He received his bachelor’s degree in electrical engineering and computer science from Harvard University.Roman is admitted to practice in California and before the U.S. Patent and Trademark Office.

Roman Swoopes

Paul Goldstein, the Lillick Professor of Law at Stanford Law School, has been of counsel to Morrison & Foerster since 1988 and works with lawyers in the firm's offices around the world, advising on copyright and related intellectual property matters that arise in the context of litigation, licensing, and counselling. As a member of firm teams in each of these settings, he draws on more than 50 years’ experience teaching and practicing copyright law to help clients design practical solutions to avoid or minimize legal exposure while achieving positive business results.Mr. Goldstein has written numerous articles and books. His widely-consulted five-volume treatise, Goldstein on Copyright, is updated semi-annually. He is also the co-author of the treatise International Copyright: Principles, Law and Practice (4th ed. 2019).In 2015, Mr. Goldstein was inducted into Intellectual Asset Management’s IP Hall of Fame. He has also been listed in Best Lawyers in America for Intellectual Property Law since its fourth publication in 1991.Mr. Goldstein has worked on several pathbreaking copyright cases, including Universal v. Sony (the "Betamax" case); West v. Mead Data Central (the "Star Pagination" case); On Command Video Corp. v. Columbia Pictures Industries; and Fujitsu v. IBM Corporation (American Arbitration Association). Mr. Goldstein’s practice also includes extensive counselling of intellectual goods producers and Internet, cable, and satellite television clients.

Strategic Considerations in AI Copyright Litigation in the U.S.

04 Oct 2023