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Above the Law post says AI is reshaping day-to-day IP practice

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10

Why it matters

Generative AI is moving from theoretical concern to practical problem for intellectual property practitioners. As AI tools proliferate in legal workflows, lawyers face immediate questions about authorship, ownership, and risk allocation that existing copyright law—which traditionally requires human authorship—does not yet clearly answer. The U.S. Copyright Office and courts are still working through edge cases involving AI-assisted works, leaving practitioners without settled guidance on critical issues: who owns outputs when a human provides prompts and edits, how to allocate ownership in contracts, and how to protect client interests in training-data disputes.

The legal landscape remains unsettled. Courts and regulators continue to develop doctrine on AI authorship and ownership, and comprehensive guidance for practitioners is still emerging.

IP lawyers need to act now despite the uncertainty. Clients are already using generative AI in document drafting, research, and creative work. Practitioners should be counseling clients on ownership clauses that address AI-assisted outputs, assessing risk in contracts that do not account for AI involvement, and developing strategies to protect both inventions and work product. Waiting for definitive case law or regulation is not an option when the technology is already in use.

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