The intellectual property landscape has not faced a structural disruption of this magnitude since the advent of the internet. Generative AI has created a gap in copyright law that neither Congress nor the courts have fully addressed — and that gap represents both a significant risk and an extraordinary strategic opportunity for organizations that act decisively.
This advisory outlines the current state of the law, identifies the specific exposure your organization likely faces, and recommends a concrete compliance and positioning strategy.
The Problem: A Framework Built for Humans, Deployed by Machines
Copyright law in the United States rests on a foundational assumption: that creative works originate from human beings. That assumption, largely unquestioned for over two centuries, is now under extraordinary pressure.