Congress wants artists to own their aesthetic; Politico, June 17, 2026

 AARON MAK, Politico; Congress wants artists to own their aesthetic

"Artificial intelligence has made it incredibly easy to replicate the work of artists, with users generating images reminiscent of Dungeons & Dragons or Studio Ghibli characters.

Congress is now looking to protect people from having their artwork aped by AI. A bipartisan group of lawmakers recently introduced the CREATOR Act, which would grant visual artists control over how AI mimics their creative styles.

Existing intellectual property law generally doesn’t provide people with a right to their artistic styles. The CREATOR Act would significantly expand the scope of IP, and raises a number of unsettled questions about what exactly makes an artists’ work distinctive in a legal sense.

“There’s a lot of ambiguity about what we mean when we say ‘style,’” Cornell tech law professor James Grimmelmann told DFD. “Some elements of artistic style are things that are common in a genre … on the other hand, sometimes when we talk about artistic style, we really are referring to characteristics of somebody’s creations that are recognizably by them.”

The CREATOR Act would allow visual artists to sue those who purposefully use AI to profit from their creative styles without permission, as well as AI platforms that knowingly allow such conduct to occur."

Deepfakes are testing the limits of IP law; Politico, May 21, 2026

 AARON MAK , Politico; Deepfakes are testing the limits of IP law

"Nonconsensual deepfakes have become one of the most reviled applications of AI, and Congress is now looking to use the might of intellectual property law to keep them in check.

On Wednesday, a bipartisan group of lawmakers reintroduced the NO FAKES Act, which would essentially give all Americans an IP right to their voice and likeness. The act’s sponsors promote it not only as a way to protect artists and entertainers from having their creative output co-opted by AI, but as a safeguard for everyone else against pornographic deepfakes, fraudulent impersonation and a host of other ills.

NO FAKES would considerably expand the ambit of IP, which was originally aimed at incentivizing innovation and creativity. Using IP to also address issues like misinformation and sexual exploitation arguably brings this body of law into uncharted territory. Legal scholars told DFD that marshaling IP as an all-purpose shield against malicious deepfakes may have unintended consequences.

“The challenge posed by deepfakes is real, urgent and human, but not every human harm is an intellectual property harm,” said Georgetown IP law professor Madhavi Sunder. “Intellectual property can’t be everything everywhere all at once.”"

NDAs Are Out of Control. Here’s What Needs to Change; Harvard Business Review, January 30, 2018

Orly Lobel, Harvard Business Review; NDAs Are Out of Control. Here’s What Needs to Change

[Kip Currier: Came across this article about Nondisclosure Agreements (NDAs) while updating a Trade Secrets lecture for this week. The author raises a number of thought-provoking ethical and policy issues to consider. Good information for people in all sectors to think about when faced with signing an NDA and/or managing NDAs.]

"Nondisclosure agreements, or NDAs, which are increasingly common in employment contracts, suppress employee speech and chill creativity. The current revelations surfacing years of harassment in major organizations are merely the tip of the iceberg.

New data shows that over one-third of the U.S. workforce is bound by an NDA. These contracts have grown not only in number but also in breadth. They not only appear in settlements after a victim of sexual harassment has raised her voice but also are now routinely included in standard employment contracts upon hiring. At the outset, NDAs attempt to impose several obligations upon a new employee. They demand silence, often broadly worded to protect against speaking up against corporate culture or saying anything that would portray the company and its executives in a negative light. NDAs also attempt to expand the definitions of secrecy to cover more information than the traditional bounds of trade secret law, in effect preventing an employee from leaving their employer and continuing to work in the same field."

Why Protecting Recipes Under Intellectual Property Law May Leave a Bad Taste in Your Mouth; Above The Law, August 27, 2018

Tom Kulik, Above The Law; Why Protecting Recipes Under Intellectual Property Law May Leave a Bad Taste in Your Mouth

[Kip Currier: Interesting and useful information--in case you're thinking about monetizing your own BBQ rub...or marketing Grandma's secret recipe for fill-in-the-blank.] 

"What may be pleasing to the palate, however, is not always acceptable under intellectual property law."

Prevent employees from walking off with trade secrets; Virginia Lawyers Weekly, July 24, 2017

Clyde Findley and Ryen Rasmus, Virginia Lawyers Weekly; 

Prevent employees from walking off with trade secrets

"Intellectual property law is com­plicated. It protects legal rights associated with intangible and never-before-seen items. The IP field is full of jargon and contradic­tions, has few bright-line rules, and is studded with “I-know-it-when- I-see-it” tests and standards. It is little wonder, therefore, that many general practitioners throw up their hands when it comes to their clients’ IP issues, and either ig­nore these issues outright or refer the clients out to high-cost specialists. However, a generalist can take many precautions to nurture and protect her client’s IP hold­ings, particularly its trade secrets.

Although all forms of intellectual proper­ty can lose value when they are not properly looked after, no category of IP can lose its value as quickly as material that—with just a bit of attention from a business lawyer— can qualify for state and federal trade secret protection. Because careless and vindictive employees are often the guilty parties in trade secret misappropriation cases, atten­tion to the agreements and policies that gov­ern employees behavior is especially useful."

Protecting Your Business: When To Consult An Intellectual Property Lawyer; CBS Los Angeles, July 6, 2017

Christopher Millard, CBS Los Angeles; Protecting Your Business: When To Consult An Intellectual Property Lawyer

"To many a small business owner, legalese can inspire fear in the heart. Intellectual property law is no exception, but this critical legal concept is tantamount to the health and well-being of your business. As Darren Dahl of the New York Times points out, “They see images of expensive lawyers and use that as an excuse to ignore the topic, reasoning that it is a problem for big companies to worry about.” He goes on to point out that through the rise of the internet, protecting your intellectual property has become a necessity. Small businesses are threatened more so, due to the lack of personnel to police intellectual property infringement.

So, let’s decode exactly what intellectual property means, and when you need to call in a lawyer to help your organization...

This article was written by Christopher Millard for CBS Small Business Pulse"