ELIZABETH ROTHMAN, ATTORNEY & ADVISOR
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August 28, 2023, Cutter Amplify Journal, "IP Law in the Era of Generative AI"

Ryan Abbott and Elizabeth Rothman believe we must address the legal, ethical, and economic implications of AI-generated output if we want to foster innovation, promote the responsible use of AI, and ensure an equitable distribution of the benefits arising from AI-generated works. The authors look at the complicated relationship between AI and IP, then discuss the Artificial Inventor Project, which filed two patent applications for AI-generated inventions back in 2018 in the UK and Europe. The project aims to promote dialogue about the social, economic, and legal impact of frontier technologies like AI and generate stakeholder guidance on the protectability of AI-generated output. Clearly, say Abbott and Rothman, AI systems challenge our existing IP frameworks and necessitate a thorough rethinking of what rules will result in the greatest social value.
August 7, 2023, SuperRare Sessions, Spotify, Could AI get you sued? 

"This week on SuperRare Sessions, we discussed the legal implications of creating using AI.It’s no secret that AI has received a lot of bad press. Artists who work with AI have unfairly been labeled as lazy and untalented by people who accuse them of art theft, people who have largely been misled by clickbaity headlines and commentators who care more about likes and shares than reporting accurate information.

We’re not interested in adding fuel to the misinformation fire. Instead, it’s important for the future–to discuss the reality of AI art, its legal implications, and possible solutions, both on and off chain.
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We we’re lucky enough to be joined by Kyle Smith, Stephen Kelly, and Elizabeth Rothman from LexDAO, a decentralized legal guild whose members are dedicated to shaping the next generation of law."
July 21, 2023, MSN Article, Experts propose guidelines for ethical AI development in open letter

"The World Ethical Data Foundation describes the document as an "open suggestion" rather than an open letter, and says it is a "version one" that will continue to be evolved with input from the public.

"This is an open suggestion designed to clarify the process of building AI by exposing the steps that go into building it responsibly," the authors say. "It is written from the frontlines by the actual builders, users, and stakeholders who have seen the value and damage Artificial Intelligence (AI) can deliver."

"The goal is to set a healthy tone for the industry while making the process understandable by the public to illuminate how we can build more ethical AI and create a space for the public to freely ask any question they may have of the AI and data science community."

Among the prominent signatories to the letter are intellectual property lawyer Elizabeth Rothman, author and activist Cory Doctorow, University of Dubai Center for Future Studies director Saeed Aldhaheri, and current and former employees of Facebook, Google, Amazon, Disney and Bank of America."


July 20, 2023, Signatory, World Ethical Data Forum, Me-We-It: An Open Standard for Responsible AI

"This is an Open Suggestion designed to clarify the process of building AI by exposing the steps that go into creating it responsibly. It is written from the frontlines by the actual builders, users, and stakeholders who have seen the value and damage Artificial Intelligence (AI) can deliver. The goal is to set a healthy tone for the industry while making the process understandable by the public to illuminate how we can build more ethical AI and create a space for the public to freely ask any question they may have of the AI and data science community."
July 11, 2023, Guest Speaker, American Bar Association Intellectual Property Law, Committee on Copyright and Emerging Technology, "Summer BrAIk: A Discussion and Q&A on Copyright and Generative AI"

 Unlock the Secrets of Copyright and Generative AI with Us! 
Are you ready to dive into the hottest legal topic of the summer? The Copyright and Emerging Technology Committee invites you to an exciting virtual event that will leave you feeling sun-soaked with knowledge!
June 30, 2023, Podcast, Lexline on Rug Radio, AI and IP with Special Guests Elizabeth Rothman and Franklin Graves, Available on Spotify
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In Episode 150 we discuss Elizabeth and Franklin's recent article published in IP Watchdog - "Defining Data: Improving Terminology Around Generative AI Models"
June 21, 2023, IP WatchDog Publication, co-author Franklin Graves, Defining Data: Improving Terminology Around Generative AI Models.

“As stakeholders around the globe continue toward establishing laws, regulations, policies, and standards for the rapidly developing field of AI, it’s critical that appropriate terminology is used in connection with the data, content, information, and other training materials powering these generative AI systems.”
June 15, 2023, AI LA, Responsible AI Symposium, Panel, Displaced Workers and Disrupted Classrooms: How can our education and labor markets adapt? 
June 8, 2023, IRL Alpha, Venice, California, LA Tech Week, Panel on Cryptocurrency Lawsuits, Regulation, Apple Vision Pro, and Augmented Reality. 
June 1, 2023, AWE US, Santa Clara, California. Panel, Building Open Metaverse Standards, with Kavya Pearlman, XRSI, and Neil Trevett of Khronos Group.  Link to recording : https://www.youtube.com/watch?v=EBHCWvD6ASw
May 18, 2023, Wonder Women Tech Immersive Summit in Long Beach, California, Panel, Ready or Not, AI is Here. How AI Will Drive the Industry Forward 
May 12, 2023, AIPLA Spring Meeting in Seattle, Washington, Panel Presentation, Artificial Intelligence as the Inventor
April 1, 2023, AIPLA CLE Material Paper, AI-Generated Works and Intellectual Property Law
March 28, 2023, Beverly Hills Bar Association Panel Discussion, Exploring Copyright Law, AI and Copyright: Uncomfortable Bedfellows

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Artificial Intelligence is slowly but surely seeping into our creative lives. ChatGPT writes our prompts, Midjourney draws our art and, perhaps soon, MusicLM will create our music. Just last month, however, the United States Copyright Office refused to register AI-generated images as part of a broader creative work. Human, creative intervention being at the core of the copyright regime, the current state of affairs can only be described as... Artificial Intelligence and Copyright: Uncomfortable Bedfellows.
March 17, 2023. California Lawyer Daily Journal, Determining human creative control in AI-generated works is futile

AI systems are challenging traditional notions of authorship and creativity and denying copyright protection to these works solely because a human was not involved in their creation, which could hinder the growth and development of AI technologies and may be contrary to the broader goals of copyright law.
March 1, 2023, European Intellectual Property Review (EIPR), AI-Generated Output and Intellectual Property Rights: Takeaways from the Artificial Inventor Project

45 E.I.P.R., Issue 4 (2023) Recent technological advances have taken creative and inventive AI systems from academic novelties to meaningful drivers of commercial value. This has increased the importance of dealing with longstanding but unresolved legal questions about the treatment of AI-generated works and inventions created without traditional human authors and inventors. This article explores these questions in the context of the Artificial Inventor Project, which includes a series of pro bono legal test cases seeking intellectual property rights for AI-generated output.
February 21, 2023, EE Times, ​Supreme Court in UK Set to Weigh IP Rights for AI

To date, the patent applications have only been subject to final, non-appealable outcomes in two jurisdictions: Australia, where the patents have been denied, and South Africa, where the patents have been granted. In Germany, New Zealand and Taiwan, the applications are also in the process of judicial appeals after having been denied by patent offices, according to a summary written by Abbott and attorney Elizabeth Rothman.   ​
January 25, 2023, Twitter Spaces with LACMA, AI and the Museum: Roundtable with the LA County Museum of Art
January 23, 2023, SSRN, Disrupting Creativity: Copyright Law in the Age of Generative Artificial Intelligence

This Article argues that American copyright law is, and has been traditionally, primarily about benefiting the public interest rather than benefiting authors directly. As a result, AI-generated works are precisely the sort of thing the system was designed to protect. Protection will encourage people to develop and use creative AI which will result in the production and dissemination of new works. Taken further, attributing authorship to AI when an AI has functionally done the work of a traditional author will promote transparency, efficient allocations of rights, and even counterintuitively protect human authors. AI-generated works also promise to radically impact other fundamental tenets of copyright law such as infringement, protection of style, and fair use. How the law should respond to AI activity has lessons more broadly for thinking about what rules should apply to people, machines, and other sorts of artificial authors. 
December 12, 2022, Metaverse Safety Week, XRSI, “The Promised Land : Risks and Opportunities with Asset Ownership in Digital Economies” 

Detail discussion includes the following: “In online environments, the ability to own assets can alter the interaction between individuals and organisations. This panel addresed the risks and benefits of transitioning to such a system, as well as whether or not consumers desire to own and control their assets, such as in games and social media profiles. In addition, the consequences of intellectual property legislation and the corporate response were also examined.”
December 11, 2022, Global AI Ethics Presentation, African Centre for Technology Studies (ACTS), AI4D Africa PhD Academy
October 2022, Spotify Podcast, Move AI Faster and Break Fewer Things, AI Responsibility Lab

Elizabeth Shubov is a Los Angeles-based attorney and emerging technology advisor with extensive knowledge of artificial intelligence, blockchain, healthcare, data privacy, and metaverse technologies. She's leading one of the most exciting conversations in AI right now; AI Authorship and Copyright Law. When an AI System is used to generate creative works, who - or what - is the author? Join us in this exciting episode; we explore her work, paper, and proposal for how to move our field forward.
October 19, 2022 AI LA Panel Discussion, AI Disrupting Art: Helping Artists or Taking their Jobs?
Glendale Tech Week at Hero House LA


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Where do we draw the boundary between when text-to-image and other generative adversarial networks (GANs) help with an artist's creativity as opposed to being their creativity?
August 8, 2022, SSRN, The Revolution Has Arrived: AI Authorship and Copyright Law
July 25, 2022 ​Market Watch, Amazon's One Medical acquisition sparks data privacy backlash: "What could possibly go wrong?" 

​The project’s data privacy fears were echoed by attorney Elizabeth Shubov, an emerging technology advisor at the consulting firm Cantellus Group. “Amazon will now have access to data on what we watch, read, eat, buy, ask Alexa, pharmaceuticals, and now primary care. There are some limits on data usage but not enough,” she tweeted. “Consumers need to be able to control their data.”
May 17, 2022, LexDAOism, Substack, Five Guidelines for Maintaining Attorney-Client Privilege in the Metaverse

As otherwise privileged conversations enter digital environments it is important to examine guidelines and internal law firm policies to ensure the communications remain protected.​
July 23, 2019, Kevin MD, Understanding professional liability insurance in physician employment contracts

​An excerpt from Physician Employment Contracts, The Missing Module: A comprehensive introduction to physician agreements written for doctors.
March 1, 2019, Book Publication, Advocate Press, Physician Employment Contracts, The Missing Module: A comprehensive introduction to physician agreements written for doctors.

A handbook for doctors at all stages of practice.

The majority of American medical schools do not provide any formal education with regard to signing a contract to provide medical services. Despite the lengthy medical training process, the skills and language required for physicians to protect themselves legally while practicing medicine are not incorporated into the curriculum. As a result, physicians graduate unprepared to evaluate employment contracts upon entering the workforce.


 © 2023 Elizabeth Shubov

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