Fair Use and Generative AI: Navigating Legal Frontiers

Preserving the incentive for human beings to create artistic and scientific works is the lodestar of copyright law. Recent court decisions in a large number of ongoing cases related to the use of copyrighted materials for AI training data continue to stir conversation and controversy around the four fair use factors. Based on these decisions, training on copyrighted texts is now endorsed as fair use by at least one court, which is a major gain for AI developers. However, other courts may disagree, and using pirated sources to train the AI models still carries risk. Ultimately, there is no distinct, final precedent stating all AI training is or is not fair use and facts are evolving at a rapid pace. As noted in the May 2025 U.S. Copyright Office publication Copyright and Artificial Intelligence Part 3: Generative AI Training, “These groundbreaking technologies should benefit both the innovators who design them and the creators whose content fuels them, as well as the general public.”

In this lunch and learn discussion, we bring together a technologist and an IP attorney and a father and son. Join Mark Gross, president of Data Conversion Laboratory, and his son Daniel Gross, Partner at Myers Wolin, LLC as they discuss the legal implications from these decisions and finding the balance that benefits the technology innovators as well as the content creators.

Mark Gross, President and CEO of Data Conversion Laboratory Inc., is a recognized authority on XML implementation and digital transformations. Mark’s experience and leadership focuses on developing and delivering technology-driven solutions. Under his direction, DCL uses the latest innovations in artificial intelligence, including machine learning and natural language processing, to help businesses structure data and content for modern technologies and platforms. Prior to joining DCL in 1981, Mark was with the consulting practice of Arthur Young & Co. Mark has a BS in Engineering from Columbia University and an MBA from New York University. He has also taught at the New York University Graduate School of Business, the New School, and Pace University. He is a frequent speaker on the topic of XML, DITA, AI in scholarly publishing, and content reuse strategies.

Daniel J. Gross, Esq., Partner at Myers Wolin, LLC,  counsels clients ranging from Fortune 100 to startup companies on a full range of intellectual property services, including patent and trademark prosecution, opinions, agreement negotiations, and litigation. Daniel also works closely with technology incubators and accelerators based in and around the New York metropolitan area to counsel a variety of startup companies. His background in electrical and mechanical engineering brings technical expertise and insight to his IP strategies. Daniel is admitted to practice in New York, New Jersey, Massachusetts, and before the USPTO.

One (1.0) Credit of CLE in Areas of Professional Practice

Please register at https://register.gotowebinar.com/register/5284407263229112665?source=Myers+Wolin

CLE WILL ONLY BE PROVIDED TO ATTENDEES THAT STAY FOR THE ENTIRE WEBINAR. THERE IS NO CHARGE TO ATTEND.