Mark Stallion, an officer with Greensfelder Hemker & Gale PC and leader of the firm’s Intellectual Property Practice Group, handles patent and trademark prosecution and portfolio management, both domestic and foreign. He also renders patent infringement, validity and other opinions and advises in areas such as software, artificial intelligence and blockchain, among others. Also, Mark leads the Cortex team, which supports entrepreneurs and the wider innovation community.
In the first installment of this two-part series, we posed a question: What is at the intersection of name, image, likeness rights (NILs), non-fungible tokens (NFTs), artificial intelligence (AI) creations, big data, blockchain, and the metaverse? The answer is – intellectual property. Our hypothetical described a high school basketball star, Sky-Freeze, who sought to leverage their name, image, and likeness (NIL) on a metaverse platform, illustrating how a digital avatar, corresponding NFTs in the metaverse, AI, and big data intersect. This second installment explores how AI impacts the intersection, giving rise to legal issues concerning intellectual property rights.
What is at the intersection of name, image likeness rights (NILs), non-fungible tokens (NFTs), artificial intelligence (AI) creations, big data, blockchain and the metaverse? Intellectual property, of course, because IP is connected to everything. New technologies necessitate updating intellectual property laws and regulations to address these advancements. Digital computing is advancing at warp speed, including AI, big data, transformative multi-media platforms and social media platforms. Governing laws and regulations are often obsolete, among them data privacy, but at the center of the intersection are intellectual property rights—copyrights, patents, trade secrets, rights of publicity, data rights, and trademarks.