Hartman Global continues to monitor AI’s national impact on copyright and trademark law

New technology continuously tests copyright law, and artificial intelligence (AI) is no different.

Given the nature of copyright law, creatives are particularly susceptible to the ongoing dance between AI and copyright. Arts such as music, movies, writing, and more traditionally rely on personal creativity, something which copyright law was enacted to protect. With AI technology, one’s creative work or portions of it can be easily recycled by others.

For example, when one asks ChatGPT to write a blog or article, ChatGPT will pull from various websites across the internet to do so, meaning there is a chance that it will reuse particular phrasing from those sites word-for-word. 

Across the country, intellectual property (IP) law firms like Hartman Global IP Law in Valparaiso continue to monitor the copyright trends that come with AI closely. Their attorneys, who are experts in patent, copyright, and trademarks, are paying particular attention to how the tool is affecting the creative industry due to ongoing litigation and discussion between the government and creative institutions like the Motion Picture Association (MPA).

“To be absolutely honest, we don’t trust a lot of it. We’re a law firm, and there have been too many hallucinations as some might call them,” said Domenica Hartman, co-founder of Hartman Global IP Law. 

In 2024, there were 31 states, including Indiana, that enacted legislation or adopted resolutions related to AI. With its resolution, Indiana created an AI Task Force to study and analyze AI technologies.

One year later, AI, particularly as it relates to copyright law, remains unfamiliar territory. Its rapid development and continuous change makes it challenging for legal firms to approach it proactively. 

“It’s an area of flux,” Hartman said. “Regarding the Supreme Court, there’s probably going to be some lawsuits in the next several years that really help define it. At this time, it’s a very intriguing area that’s just kind of the Wild West.”

This past February, Vice President JD Vance in his first speech abroad in his position emphasized the importance of protecting the American worker, including American creatives, when addressing the audience at the Artificial Intelligence Action Summit in Paris.

In May, the MPA released a statement amidst ongoing milestones in this pursuit to embrace innovation and protect art’s originality. 

“Strong intellectual property protection is critical both for maintaining America’s global leadership in creative industries and for expanding the nation’s role as a global leader in responsible, human-centered AI innovation,” the entity said. 

Just this fall, the MPA filed a lawsuit against Chinese-based AI company MiniMax. In it, the MPA emphasized its dedication to protecting American creatives and their work. 

As the nation continues to navigate how copyright law applies to AI, Hartman Global continues to guide its clients on a local level about copyright and its related areas. 

“It’s an incredibly fluid area right now,” Hartman said. “I get calls probably once a week saying, ‘Gosh, I had this generated by AI. Do I own it? Do I not own it?’ The laws really haven’t caught up with what’s going on.”

To contact or learn more about Hartman Global IP Law, visit hartmanglobal-ip.com.