Sarkis Yeretsian, Jonathan Goins Author Law360 Expert Analysis on Virtual Art and Copyright Law

Los Angeles, Calif. (September 28, 2022) - Los Angeles Associate Sarkis Yeretsian and Atlanta Partner Jonathan D. Goins recently authored an Expert Analysis article for Law360, titled “AI Artists Highlight Need for Copyright Updates,” which discusses recent AI-related virtual art and its intersectionality with copyright law.

The authors open the article by observing that AI and other technologies “are creating havoc for attorneys as they attempt to decipher the myriad of legal issues involving the creation, exchange and distribution of digital inventions.” They further note that “Without question, AI is developing at a faster pace than the law, and it will continue to be difficult in deciphering ownership, let alone enforcement, of any intellectual property rights.”

Messrs. Yeretsian and Goins go on to discuss two popular virtual artists and whether they are entitled to any IP rights. Noting that the Visual Artists Rights Act (VARA) protects only artwork – publicly deemed as a recognized stature – from physical destruction, the authors explain that “a song auto-generated by AI technology may not be entitled to the same copyright protection.” They posit that “Congress or the U.S. Copyright Office will be forced to create greater clarity at some point,” adding that “a reevaluation of the limitations of protections is necessary in a world that is continuously blurring the lines between human and AI . . . Only time will tell whether we see more developments in copyright protection in AI technology.”

Mr. Yeretsian is a member of Lewis Brisbois’ General Liability Practice. He represents Fortune 500 companies and individuals in complex litigation matters. He recently authored a blog post discussing whether non-fungible tokens (NFTs) should be considered securities.

Mr. Goins is a vice-chair of Lewis Brisbois' Intellectual Property & Technology and Entertainment, Media & Sports Practices. He serves as lead counsel in IP litigation across the country, including in “bet the company” cases with multimillion-dollar exposures. With two decades of experience, he is consistently ranked in leading publications for his deep and expansive knowledge in IP and entertainment law.

You can view a PDF version of the full article here, or read it on Law360 here (subscription may be required).