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AI as an Inventing Tool: AI’s challenges to Patent law – Inventorship (Panel 2)

$115.00
  • Instructor(s):  BCLT

AI as an Inventing Tool—Its Implicatioins for Patent Law and PolicyRecorded November 15, 2023 Event Information | Agenda | Resources   Participate in Professor Colleen Chien's Study!   Speakers Prof. Dennis CrouchUniversity of Missouri School of Law Yuan Hao, PhDBCLT, Berkeley Law Nalini MummalaneniUSPTO Moderator Prof. Robert MergesBCLT, Berkeley Law

  • On-Demand
    Format
  • 59
    Min.
  • 6/3/26
    Avail. to
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Course1

Cox v. Sony Music: Refining Secondary (C) Liability Rules

FREE
  • Instructor(s):  BCLT

Tuesday, April 14, 2026 | 11:00 a.m. | B-CLE Webcast 0.50 General CLE Credit Offered Program Info | Resources | Speaker Bio(s) & Contact Info Don't miss this compelling expert webcast from the Berkeley Center for Law & Technology, featuring renowned copyright scholar Prof. Pam Samuelson of BCLT, UC Berkeley School of Law. In one of the most consequential copyright decisions in years, the Supreme Court unanimously reversed the Fourth Circuit's ruling in Cox v. Sony Music — and the implications are massive for secondary liability law. Professor Samuelson unpacks what the Court actually decided, why it matters, and how it will reshape the landscape of contributory infringement going forward. Whether you're new to copyright law or a seasoned practitioner, this is one discussion you can't afford to miss. This program is ideal for: Attorneys, legal professionals, and students working in or curious about intellectual property, copyright, and technology law — as well as broadband providers, online platforms, and anyone navigating secondary liability issues. Key takeaways: The Supreme Court eliminated the "material contribution with knowledge" standard for contributory copyright infringement, requiring proof of purposeful, culpable conduct — a major shift that will force courts to rethink existing secondary liability cases. Amicus briefs played a decisive role, with the Solicitor General, major tech platforms (Google, Amazon, Microsoft), and civil society groups like the EFF weighing in — and the Court's reasoning reflects their influence. The ruling has sweeping implications for ISPs, online platforms, and copyright owners alike, raising new questions about DMCA safe harbors, repeat infringer policies, and the balance between protecting rights holders and preserving public internet access.

  • Webcast
    Format
  • 30
    Min.
  • 4/14/26
    Presented
  • DETAILS
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IP and Human Creativity in the AI Age: (Keynote) WIPO Director General Daren Tang

FREE
  • Instructor(s):  BCLT

IP and Human Creativity in the AI Age: A Global ConversationFriday, November 14, 2025Presented by Asia IP & Competition Law CenterCo-Hosted by Robbins Collection Research Center & UC Berkeley Korea Law Center Event Info | Agenda | Resources | Speaker Biographies Keynote SpeakersDaren Tang, WIPO This conference—sharing the same title as our Berkeley course, IP and Human Creativity in the AI Age, launched in 2023—brings together leading scholars, practitioners, and judges from the United States, China (including mainland and Hong Kong), Japan, Korea, Singapore, Germany, the United Kingdom, and beyond to explore how intellectual property law should respond to the paradigm-shifting challenges of artificial intelligence. What distinguishes this gathering is its human-creativity-centered lens: we will ask not only how AI challenges existing doctrines—such as inventorship, nonobviousness, disclosure, authorship, and fair use—but also how IP can be recalibrated to ensure that this **formidable machine—an unprecedentedly powerful double-edged sword, with equally profound potential to enhance or to displace human creativity—**is ultimately deployed in ways that strengthen, rather than undermine, the human creative spirit. Hopefully, this conference can also offer a window into the convergence (or divergence) of common-law and civil-law traditions in addressing historical technological shifts, drawing inspiration from both comparative law and classroom dialogue. In this way, the event continues the intellectual journey begun with our Berkeley course in 2023, while fostering global conversations that cross disciplines, jurisdictions, and legal traditions.

  • On-Demand
    Format
  • 8
    Min.
  • 12/16/26
    Avail. to
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Course1

IP and Human Creativity in the AI Age: (Panel 1) AI’s Challenge to Inventorship

$115.00
  • Instructor(s):  BCLT

IP and Human Creativity in the AI Age: A Global ConversationFriday, November 14, 2025Presented by Asia IP & Competition Law CenterCo-Hosted by Robbins Collection Research Center & UC Berkeley Korea Law Center Event Info | Agenda | Resources | Speaker Biographies Panel I: AI’s Challenge to Inventorship ModeratorYuan Hao, Asia IP & Competition Law Center, BCLT, UC Berkeley Law SpeakersNalini Mummalaneni, USPTOChris Mammen, Womble Bond Dickinson (United States)Chris de Mauny, Bird and Bird (United States)Yong woo Shin, Jipyong LLC (Korea) This conference—sharing the same title as our Berkeley course, IP and Human Creativity in the AI Age, launched in 2023—brings together leading scholars, practitioners, and judges from the United States, China (including mainland and Hong Kong), Japan, Korea, Singapore, Germany, the United Kingdom, and beyond to explore how intellectual property law should respond to the paradigm-shifting challenges of artificial intelligence. What distinguishes this gathering is its human-creativity-centered lens: we will ask not only how AI challenges existing doctrines—such as inventorship, nonobviousness, disclosure, authorship, and fair use—but also how IP can be recalibrated to ensure that this **formidable machine—an unprecedentedly powerful double-edged sword, with equally profound potential to enhance or to displace human creativity—**is ultimately deployed in ways that strengthen, rather than undermine, the human creative spirit. Hopefully, this conference can also offer a window into the convergence (or divergence) of common-law and civil-law traditions in addressing historical technological shifts, drawing inspiration from both comparative law and classroom dialogue. In this way, the event continues the intellectual journey begun with our Berkeley course in 2023, while fostering global conversations that cross disciplines, jurisdictions, and legal traditions.

  • On-Demand
    Format
  • 75
    Min.
  • 7/1/27
    Avail. to
  • DETAILS
Course1

IP and Human Creativity in the AI Age: (Panel 2) AI’s Challenges to Non-obviousness / Inventive-step and Disclosure

$115.00
  • Instructor(s):  BCLT

IP and Human Creativity in the AI Age: A Global ConversationFriday, November 14, 2025Presented by Asia IP & Competition Law CenterCo-Hosted by Robbins Collection Research Center & UC Berkeley Korea Law Center Event Info | Agenda | Resources | Speaker Biographies Panel II: AI’s Challenges to Non-obviousness / Inventive-step and Disclosure ModeratorRobert Merges, Asia IP & Competition Law Center, BCLT, UC Berkeley Law SpeakersYuan Hao, Asia IP & Competition Law Center, BCLT, UC Berkeley LawPeter Lee, UC Davis LawLisa Ouellette, Stanford LawArti Rai, Duke Law This conference—sharing the same title as our Berkeley course, IP and Human Creativity in the AI Age, launched in 2023—brings together leading scholars, practitioners, and judges from the United States, China (including mainland and Hong Kong), Japan, Korea, Singapore, Germany, the United Kingdom, and beyond to explore how intellectual property law should respond to the paradigm-shifting challenges of artificial intelligence. What distinguishes this gathering is its human-creativity-centered lens: we will ask not only how AI challenges existing doctrines—such as inventorship, nonobviousness, disclosure, authorship, and fair use—but also how IP can be recalibrated to ensure that this **formidable machine—an unprecedentedly powerful double-edged sword, with equally profound potential to enhance or to displace human creativity—**is ultimately deployed in ways that strengthen, rather than undermine, the human creative spirit. Hopefully, this conference can also offer a window into the convergence (or divergence) of common-law and civil-law traditions in addressing historical technological shifts, drawing inspiration from both comparative law and classroom dialogue. In this way, the event continues the intellectual journey begun with our Berkeley course in 2023, while fostering global conversations that cross disciplines, jurisdictions, and legal traditions.

  • On-Demand
    Format
  • 75
    Min.
  • 7/1/27
    Avail. to
  • DETAILS
Course1

IP and Human Creativity in the AI Age: (Panel 3) Style, Voice and NIL: Protecting Human Persona in the AI Age

$115.00
  • Instructor(s):  BCLT

IP and Human Creativity in the AI Age: A Global ConversationFriday, November 14, 2025Presented by Asia IP & Competition Law CenterCo-Hosted by Robbins Collection Research Center & UC Berkeley Korea Law Center Event Info | Agenda | Resources | Speaker Biographies Panel III: Style, Voice and NIL: Protecting Human Persona in the AI Age ModeratorLaurent Mayali, UC Berkeley Law SpeakersJyh-An Lee, Chinese University of Hong KongChien-Chih (Jesse) Lu, National Chengchi University (Taiwan)Robert Merges, Asia IP & Competition Law Center, BCLT, UC Berkeley LawDuane Valz, Valz LegalPeter Yu, Texas A&M This conference—sharing the same title as our Berkeley course, IP and Human Creativity in the AI Age, launched in 2023—brings together leading scholars, practitioners, and judges from the United States, China (including mainland and Hong Kong), Japan, Korea, Singapore, Germany, the United Kingdom, and beyond to explore how intellectual property law should respond to the paradigm-shifting challenges of artificial intelligence. What distinguishes this gathering is its human-creativity-centered lens: we will ask not only how AI challenges existing doctrines—such as inventorship, nonobviousness, disclosure, authorship, and fair use—but also how IP can be recalibrated to ensure that this **formidable machine—an unprecedentedly powerful double-edged sword, with equally profound potential to enhance or to displace human creativity—**is ultimately deployed in ways that strengthen, rather than undermine, the human creative spirit. Hopefully, this conference can also offer a window into the convergence (or divergence) of common-law and civil-law traditions in addressing historical technological shifts, drawing inspiration from both comparative law and classroom dialogue. In this way, the event continues the intellectual journey begun with our Berkeley course in 2023, while fostering global conversations that cross disciplines, jurisdictions, and legal traditions.

  • On-Demand
    Format
  • 75
    Min.
  • 7/1/27
    Avail. to
  • DETAILS
Course1

IP and Human Creativity in the AI Age: (Panel 4) AI’s Challenge to Authorship

$115.00
  • Instructor(s):  BCLT

IP and Human Creativity in the AI Age: A Global ConversationFriday, November 14, 2025Presented by Asia IP & Competition Law CenterCo-Hosted by Robbins Collection Research Center & UC Berkeley Korea Law Center Event Info | Agenda | Resources | Speaker Biographies Panel IV: AI’s Challenge to Authorship ModeratorPeter Yu, Texas A&M SpeakersMatt Blaszczyk, Michigan LawJames Freedman, Architect Capital (United States)Ge Jiang, Tsinghua (China)Hon. Kwangnam Kim, Seoul High Court, IP Division (Korea)Matthias Leistner, Ludwig Maximilian University of Munich (Germany) This conference—sharing the same title as our Berkeley course, IP and Human Creativity in the AI Age, launched in 2023—brings together leading scholars, practitioners, and judges from the United States, China (including mainland and Hong Kong), Japan, Korea, Singapore, Germany, the United Kingdom, and beyond to explore how intellectual property law should respond to the paradigm-shifting challenges of artificial intelligence. What distinguishes this gathering is its human-creativity-centered lens: we will ask not only how AI challenges existing doctrines—such as inventorship, nonobviousness, disclosure, authorship, and fair use—but also how IP can be recalibrated to ensure that this **formidable machine—an unprecedentedly powerful double-edged sword, with equally profound potential to enhance or to displace human creativity—**is ultimately deployed in ways that strengthen, rather than undermine, the human creative spirit. Hopefully, this conference can also offer a window into the convergence (or divergence) of common-law and civil-law traditions in addressing historical technological shifts, drawing inspiration from both comparative law and classroom dialogue. In this way, the event continues the intellectual journey begun with our Berkeley course in 2023, while fostering global conversations that cross disciplines, jurisdictions, and legal traditions.

  • On-Demand
    Format
  • 75
    Min.
  • 7/1/27
    Avail. to
  • DETAILS
Course1

IP and Human Creativity in the AI Age: (Panel 5) Copyright Infringement and the Fair Use Defense

$115.00
  • Instructor(s):  BCLT

IP and Human Creativity in the AI Age: A Global ConversationFriday, November 14, 2025Presented by Asia IP & Competition Law CenterCo-Hosted by Robbins Collection Research Center & UC Berkeley Korea Law Center Event Info | Agenda | Resources | Speaker Biographies Panel V: Copyright Infringement and the Fair Use Defense ModeratorDaryl Lim, Penn State Dickinson Law SpeakersBrian Carver, GoogleMatthias Leistner, Ludwig Maximilian University of Munich (Germany)Sangchul Park, Seoul National University (Korea)Seagull Song, King & Wood Mallesons (China)Janel Thamkul, Anthropic This conference—sharing the same title as our Berkeley course, IP and Human Creativity in the AI Age, launched in 2023—brings together leading scholars, practitioners, and judges from the United States, China (including mainland and Hong Kong), Japan, Korea, Singapore, Germany, the United Kingdom, and beyond to explore how intellectual property law should respond to the paradigm-shifting challenges of artificial intelligence. What distinguishes this gathering is its human-creativity-centered lens: we will ask not only how AI challenges existing doctrines—such as inventorship, nonobviousness, disclosure, authorship, and fair use—but also how IP can be recalibrated to ensure that this **formidable machine—an unprecedentedly powerful double-edged sword, with equally profound potential to enhance or to displace human creativity—**is ultimately deployed in ways that strengthen, rather than undermine, the human creative spirit. Hopefully, this conference can also offer a window into the convergence (or divergence) of common-law and civil-law traditions in addressing historical technological shifts, drawing inspiration from both comparative law and classroom dialogue. In this way, the event continues the intellectual journey begun with our Berkeley course in 2023, while fostering global conversations that cross disciplines, jurisdictions, and legal traditions.

  • On-Demand
    Format
  • 75
    Min.
  • 7/1/27
    Avail. to
  • DETAILS
Course1

IP and Human Creativity in the AI Age: A Global Conversation

$575.00
  • Instructor(s):  BCLT

This conference—sharing the same title as our Berkeley course, IP and Human Creativity in the AI Age, launched in 2023—brings together leading scholars, practitioners, and judges from the United States, China (including mainland and Hong Kong), Japan, Korea, Singapore, Germany, the United Kingdom, and beyond to explore how intellectual property law should respond to the paradigm-shifting challenges of artificial intelligence. What distinguishes this gathering is its human-creativity-centered lens: we will ask not only how AI challenges existing doctrines—such as inventorship, nonobviousness, disclosure, authorship, and fair use—but also how IP can be recalibrated to ensure that this **formidable machine—an unprecedentedly powerful double-edged sword, with equally profound potential to enhance or to displace human creativity—**is ultimately deployed in ways that strengthen, rather than undermine, the human creative spirit. Hopefully, this conference can also offer a window into the convergence (or divergence) of common-law and civil-law traditions in addressing historical technological shifts, drawing inspiration from both comparative law and classroom dialogue. In this way, the event continues the intellectual journey begun with our Berkeley course in 2023, while fostering global conversations that cross disciplines, jurisdictions, and legal traditions.

  • Bundle
  • 6
    Programs
  • 12/1/27
    Avail. to
  • DETAILS
Course1

Leigh Steinberg Series for the Protection of Student Athletes: (Part 1) How NIL and Immigration Collided

FREE
  • Instructor(s):  BCLT

Part 1: How NIL and Immigration Collided Event Information | Resources | Speaker Bios & Contact Info This presentation will focus on the history of the NCAA’s Name, Image and Likeness (“NIL”) policy and how these rules, designed to benefit NCAA student-athletes, resulted in a disparate impact on international athletes participating in NCAA sports. Our discussion will include the following topics: The history of NIL, including the right of publicity and the anti-trust litigation that resulted in the adoption of the “NIL” rules by the NCAA. An overview of the players in the new NIL industry: collectives, agents, schools, outside counsel. The definition of employment under immigration law, and how that definition may differ from those under the DOL and IRS regulations. The limitations of the F-1 student visa and permissible employment under that nonimmigrant classification. Why current immigration laws offer no legal avenue for most international student-athletes to take advantage of their NIL rights   Speakers: Ksenia Maiorova, Practice Group Leader, Individual and Olympic Athletes, Green & Spiegel, LLC Flavia Santos-Lloyd, Certified Immigration Specialist by the CA Bar and Founder, Santos Lloyd Law Firm, PC Dan Lust, Counsel, Morrit Hock & Hamroff, PC

  • On-Demand
    Format
  • 60
    Min.
  • 12/21/28
    Avail. to
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Course1

Leigh Steinberg Series for the Protection of Student Athletes: (Part 2) Mother May I? – NIL x Immigration workarounds

FREE
  • Instructor(s):  BCLT

Part 2: Mother May I? – NIL x Immigration workarounds Event Information | Resources | Speaker Bios & Contact Info This presentation will build on the discussion outlined in Module 1 and tackle the question of whether various “workarounds” proposed and implemented by NIL industry stakeholders are compliant with immigration law. Our discussion will include the following topics: Review of the definition of “employment” as covered in Module 1 The role of the consular officer and the spectrum of risk involved in relying on workarounds to the F-1 rules Performing NIL activities outside the United States The concept of “passive income” and whether compliance is possible with both immigration law and the NCAA rules Workaround case studies – what works and what does not   Speakers: Dan Berger, Partner, Green & Spiegel Ksenia Maiorova, Practice Group Leader, Individual and Olympic Athletes, Green & Spiegel, LLC Christopher Richardson, BDV Solutions

  • On-Demand
    Format
  • 53
    Min.
  • 12/16/28
    Avail. to
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Course1

Leigh Steinberg Series for the Protection of Student Athletes: (Part 3) The Band-Aid Solution: P-1, O-1 and EB-1A visas for international student-athletes

FREE
  • Instructor(s):  BCLT

Part 3: The Band-Aid Solution: P-1, O-1 and EB-1A visas for international student-athletes Event Information | Resources | Speaker Bios & Contact Info Building on topics covered in Modules 1 and 2, this presentation will discuss how some international student-athletes who seek to commercially exploit their NIL rights may benefit from visa classifications that are typically utilized by athletes who have completed their collegiate careers. Our discussion will include the following topics: Overview of the P-1A “Internationally Recognized Athlete” classification and NIL case study Overview of the O-1A “Extraordinary Ability” classification and NIL case study Overview of the EB-1A “Extraordinary Ability” classification and NIL case study Discussion of the drawbacks and benefits of each classification in the NIL context   Speakers: Ksenia Maiorova, Practice Group Leader, Individual and Olympic Athletes, Green & Spiegel, LLC Amy Maldonado, Founder and Principal, Law Offices of Amy Maldonado, LLC

  • On-Demand
    Format
  • 58
    Min.
  • 12/1/28
    Avail. to
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Course1

Leigh Steinberg Series for the Protection of Student Athletes: (Part 4) In search of a solution: the quest to make NIL universally available to all international student-athletes

FREE
  • Instructor(s):  BCLT

Part 4: In search of a solution: the quest to make NIL universally available to all international student-athletes Event Information | Resources | Speaker Bios & Contact Info This module will focus on the statutory, regulatory, and policy changes that would be required to make NIL available to all international student-athletes on par with their US counterparts as well as current advocacy efforts in the NIL x Immigration context. Our discussion will include the following topics: Statutory solutions and overview of the bills addressing international student-athletes and NIL that have been introduced so far Regulatory solutions and the challenges of notice and comment Policy solutions and the current push for comprehensive advocacy What about the J-1?   Speakers: Jonathan Grode, Managing Partner, Green & Spiegel, LLC Ksenia Maiorova, Practice Group Leader, Individual and Olympic Athletes, Green & Spiegel, LLC Amy Maldonado, Founder and Principal, Law Offices of Amy Maldonado, LLC Prof. David Weber, Creighton University

  • On-Demand
    Format
  • 57
    Min.
  • 12/30/28
    Avail. to
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Course1

Leigh Steinberg Series for the Protection of Student Athletes: (Part 5) The rolling snowball: classification of student-athletes as employees

FREE
  • Instructor(s):  BCLT

Session 5: The rolling snowball: classification of student-athletes as employees Event Information | Resources | Speaker Bios & Contact Info This module will discuss the legal mechanisms that could lead to the classification of student-athletes as employees and the immigration implications of these scenarios. Our discussion will include the following topics: The proposed settlement in House v. NCAA and the distinction between direct payment models and NIL The NLRB decision Trustees of Dartmouth College The impossibility of I-9 compliance Solutions that could address both NIL and employee status related issues   Speakers: Ksenia Maiorova, Practice Group Leader, Individual and Olympic Athletes, Green & Spiegel, LLC Amy Maldonado, Founder and Principal, Law Offices of Amy Maldonado, LLC John Mazzeo, Associate General Counsel, Vertical Screen, Inc. Prof. David Weber, Creighton University

  • On-Demand
    Format
  • 56
    Min.
  • 12/30/28
    Avail. to
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Course1

Talk I: Copyright Challenge – A Comparative Law View on Authorship

$115.00
  • Instructor(s):  BCLT

Program occured on January 23, 2024 Event Information | Agenda | Resources Presented by Asia IP & Competition Law Center In Nov. 2023, the five-year-old Beijing Internet Court (“BIC”) issued a landmark judgment (Li v. Liu) on the copyright eligibility of an image generated with Stable Diffusion AI, finding the human user that provided elaborate prompts to the machine to be the “author”. This judgment has triggered a flurry of vigorous debates in China, and meanwhile attracted significant international attention. Some commented that this $70 ruling may have far-reaching implications on the evolution of AIGC in China, unleashing a trillion-dollar industry. Some contrasted this judgment with the various rejection decisions issued lately by the US Copyright Office (“USCO”), which found that the human users in the loop do not have sufficient authorial control, despite the hundreds of prompt inputs. The apparent disparity in outcomes however, may have largely shadowed the similarity of a human-centered approach adopted by both institutions facing a common conundrum. With the emergence of powerful Gen-AI tools and their varied synergies with human beings, we now start to witness real-world examples of “authorless works” as coined by Prof. Ginsburg and Luke Budiardjo. While these “works” may not fulfill the conventional authorship requirement, some of them may have remarkable commercial or even arguably artistic values (depending how we interpret “art”). How to properly address this common challenge faced by all jurisdictions, may require us to go beyond the doctrinal level and revisit the justifying principles of copyright law / author’s law, in light of the legal and economic context in the particular jurisdiction. In this inaugural Talk, we invited Profs Guobin Cui and Qian Wang, two renowned copyright law scholars in China, to give us a nuanced account of this case, against the backdrop of how the rapidly evolving copyright law deals with various technological challenges in China. As a comparison, BCLT’s own faculty director Prof. Robert Merges, Co-Director of BAIC, will provide his insight through the lens of US copyright law, as well as the underlying principles of intellectual property. Discussants:    Prof. Guobin Cui (???), Tsinghua University School of LawProf. Robert Merges, BCLTProf. Qian Wang (??), Eastern University of Political Science and Law Moderator: Dr. Yuan Hao (??), BCLT

  • On-Demand
    Format
  • 120
    Min.
  • 12/1/27
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Course1

Talk II: Commercialization Landscape of Gen-AI 2024

$115.00
  • Instructor(s):  BCLT

Program occured on March 18, 2024 Event Information | Agenda | Resources Presented by Asia IP & Competition Law Center ITalk II was dedicated to unraveling the emerging commercialization landscape of Gen-AI. This talk featured insights from two vanguards in the field: Di Li, the visionary Founder and CEO of XiaoIce, Microsoft’s renowned AI spinoff, and Chlon Tang, the esteemed Founding / Managing Partner of Berkeley SkyDeck Fund. Together with Yuan, they explored the transformative journey of Gen-AI from cutting-edge technological novelty to indispensable market solutions. As the initial excitement surrounding AI technologies gradually gives way to a demand for real value and comprehensive user experiences, the speakers dissected the critical elements driving the success of Gen-AI ventures, delved into the emergence of killer applications, and shared strategies for creating deep value that fosters active user engagement. This session illuminated the path towards building enduring businesses and innovation in the Gen-AI ecosystem, highlighting the notable approaches and mindsets required to navigate this rapidly evolving commercial landscape. Hopefully, this talk will provide our audience with a deeper understanding of how Gen-AI is starting to reshape innovative and creative industries.   Discussants:  Li Di, Xiaoice Dr. Yuan Hao, BCLT Chon Tang, Berkeley SkyDeck

  • On-Demand
    Format
  • 120
    Min.
  • 12/1/27
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Course1

Talk III: How Fair is “Fair Use” in the AI Age?

$115.00
  • Instructor(s):  BCLT

Program occured on April 30, 2024 Event Information | Agenda | Resources Presented by Asia IP & Competition Law Center Conventionally, the fair use doctrine has been serving as a safety valve in balancing the copyright protection of expressive creativity and necessary access for cumulative creativity. Despite the modern US Copyright Act’s legislative intent of having broad exclusive rights and narrow limitations however, for some reasons in past decades the supposedly limited fair use doctrine has turned essentially into a  broad transformativeness test, i.e. the secondary work is transformative as a matter of law “[i]f looking at the works side-by-side, the secondary work has a different character, a new expression, and employs new aesthetics with [distinct] creative and communicative results.” This simplistic inquiry has arguably caused, among other confusions, a serious collision between authors’ right to derivative works and the transformative-use dominated fair use defense. This collision is likely to be further exacerbated with the rapid deployment of generative AI tools in the creative industry, where consumption of large amount of copyrighted works (as “raw materials”) in the training process has been forcefully argued by some as fair use, due to the “transformativeness” of the AI outputs. But is this “fair use” indeed fair, particularly in light of the fact that many such AI outputs constitute competitive commodities with the original copyrighted works created by human artists?  On a deeper level, is such a broad fair use doctrine consistent with the principles of the IP system that has been running for centuries to incentivize and honor human creativity? In the wake of Warhol v. Goldsmith, a landmark case in which the US Supreme Court took great pains to clarify the decade-long confusion prevalent in the interplay of fair use and author’s right to derivative works, please join me in an in-depth discussion with my esteemed Berkeley colleagues Prof. Peter Menell, Prof. Robert Merges: how fair is “fair use” in the AI age?   Discussants:  Dr. Yuan Hao, BCLT Prof. Peter Menell, BCLT Prof. Robert Merges, BCLT

  • On-Demand
    Format
  • 90
    Min.
  • 12/1/27
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Course1

The Future of U.S. Innovation - Navigating Regulation and Its Impact

FREE
  • Instructor(s):  UC Berkeley Law

Program occurred September 27, 2025Alumni Reunion Weekend | September 26-27, 2025 As the U.S. navigates rapid technological change, global competition, and evolving regulation, the future of American innovation is at a crossroads. This forward-looking program brings together thought leaders in law, technology, and policy (Colleen Chien, BCLT, UC Berkeley Law; Abigail Dillen, Earthjustice; Mark Mao, Boiues Schiller Flexner LLP) to explore how the U.S. can maintain its edge in critical areas like AI, intellectual property, and emerging industries. Participants will gain insights into how legal frameworks, public policy, and global dynamics intersect to shape the next era of innovation. You’ll learn how to: Understand the legal and policy forces influencing U.S. innovation and competitiveness Evaluate how AI, data, and IP laws are redefining the innovation economy Identify strategies for fostering responsible growth in emerging technologies Speakers: Colleen Chien, BCLT, UC Berkeley Law Abigail Dillen, Earthjustice Mark Mao, Boiues Schiller Flexner LLP Moderator: Wayne Stacy, BCLT, UC Berkeley Law

  • On-Demand
    Format
  • 75
    Min.
  • 5/1/27
    Avail. to
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