This expert analysis from Dentons partners Jennifer Cass, Anna Copeman, Sam Caunt, and David Wagget examines the unresolved IP challenges arising from generative AI in 2024 and the legal “cliffhangers” heading into 2025. It highlights key issues like copyright infringement during AI training, ownership of AI-generated works and inventions, and emerging litigation—such as Getty Images v. Stability AI. Legal professionals will find value in its forward-looking take on 2025 reforms, including licensing trends, contractual risk strategies, and pending court rulings. Written with practical insight, this piece equips lawyers with proactive tools to guide clients through rapidly evolving AI‑IP terrain.

Using AI tools like Midjourney or DALL·E to create business content doesn’t guarantee ownership. IP laws hinge on tool terms, not just creation. Risks include licensing disputes, takedowns, and infringement claims. Companies must check terms of service, avoid style mimicry, and prove rights to use content. Using AI prompts for legal review is helpful, but always confirm with counsel. Treat AI content as real IP to safeguard your brand as it scales.

AI agents that mimic real people—digital replicas—raise major legal issues, including rights of publicity, copyright, and consent. U.S. laws vary by state, and consent alone isn’t enough to avoid risk. EU and global regulations are emerging, adding complexity. Brands must secure clear licenses, define usage, manage outputs, and ensure transparency. Legal strategy isn’t optional—it's essential to protect trust, reputation, and avoid costly liabilities in this fast-evolving space.

AI is transforming how businesses use data, raising new legal and licensing challenges. Traditional licenses often lack clarity on machine use, exposing risks. Companies must assess their data flows, clarify rights for machine learning, and implement use-based frameworks addressing AI training, output rights, ethics, and traceability. Updating data licenses is essential for responsible, scalable innovation in the AI era.

Explore how AI is reshaping innovation incentives and challenging traditional IP frameworks. WIPO's Economic Research Working Paper No. 77 offers an economic perspective on AI's impact on intellectual property. Essential reading for AI entrepreneurs and IP professionals.

Examines the increasing concern over deepfakes and the legislative efforts at both federal and state levels to address the challenges they pose. It discusses various proposed and enacted regulations aimed at mitigating the risks associated with deepfake technology which of course includes AI.