generative AI – IP Law Watch

Questions to AI Models May Be Discoverable

Feb 25 2026

On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant’s written exchanges with a public generative AI platform were not protected by the attorney-client privilege or the work product doctrine. The Government had seized approximately thirty-one documents memorializing the defendant’s interactions with the public platform. Defense counsel asserted privilege because the inputs included attorney-learned information, were created to facilitate consultations with counsel, and were later shared with counsel.

The UK Fails to Agree to a Voluntary Code of Practice for Copyright and Gen AI

Feb 14 2024

An initiative to create a voluntary code of practice on copyright and Generative AI (“Gen AI”) has failed to reach an agreement. The UK Intellectual Property Office (UKIPO), who led the conversations that started mid-2023, has not been able to reach consensus within the working group in relation to the use of copyright protected works to train Gen AI models. The announcement is a disappointment to many including the creative industry, who were awaiting clarification on their position in protecting their works and retrieving compensation, and technology industry who were seeking clarity how future technologies can be developed.

U.S. Copyright Review Board Affirms Rejection of Copyright Registration for Work Created With AI Application

Dec 18 2023

In a decision dated 11 December 2023, the Copyright Review Board of the United States Copyright Office affirmed the Office’s refusal to register an AI-generated artwork submitted by Ankit Sahni.

Tag:generative AI