Lawyer Monthly - December 2023

How have recent advancements in technology changed the intellectual property landscape for clients nationwide and around the world? The IP landscape is constantly changing as technology advancements continue to shape the products and services consumers and businesses use and enjoy. Two decades ago, Napster and pirated MP3s disrupted and upended the music distribution model and, after copyright laws caught up and addressed online streaming, today’s music and video streaming platforms and revenue models emerged. Two years ago, the buzz was all about NFTs and what IP rights are implicated by digital content tied to a token on the blockchain, and I was busy doing NFT deals with celebrities and brand owners such as Katy Perry, Dionne Warwick and the World Poker Tour. While the NFT hype may be subsiding (except in the online game/ metaverse space), the current buzz is now around Artificial Intelligence (AI) technologies, which appear be here to stay. While I have been advising clients on AI technologies and data licensing models for at least 5 years, the courts are just now starting to address the copyright and other implications from the use of existing content to train these AI models. The U.S. Copyright and Patent & Trademark Offices are not recognizing copyright protections for AI-generated images or patent rights for AI-created inventions. That view may be too narrow if human contributions and improvements are not recognized and cannot be protected and monetized. 10 LAWYER MONTHLY DECEMBER 2023 Current Trends in Intellectual Property & Technology Transactions Contact Michael Plumleigh Partner, M&H LLP 525 Middlefield Road, Suite 250 Menlo Park, CA 94025 Tel: 650.331.7005 Email: michael-plumleigh/ About M&H LLP M&H LLP is a premier corporate, employment and technology law boutique located in Silicon Valley and New York. M&H advises entrepreneurs, startups, investors, emerging growth and established technology, life science, clean tech, digital media and other companies at all stages of development.

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