“States Eye AI Ownership Laws To Fill Federal IP Gaps”

Mike Word was quoted in the Law360 article “States Eye AI Ownership Laws To Fill Federal IP Gaps.” The article explores growing efforts by states to establish ownership rights for AI-generated content as lawmakers attempt to address gaps left by federal copyright and patent law. Arkansas recently enacted a first-of-its-kind law granting ownership of AI-generated outputs to the person providing the prompts or directives, while similar proposals have emerged in other states. The debate highlights concerns over whether state-level AI ownership laws could create a fragmented legal landscape and face federal preemption challenges, particularly because federal intellectual property law currently protects only human authorship and inventorship.

Word notes that while these state laws may help elevate the issue, companies may hesitate to rely heavily on them because of the uncertainty surrounding whether they would ultimately survive court challenges. He suggests that broader pressure for federal action may come from global competition, as businesses compare U.S. protections with other countries that may offer clearer rights for AI-generated inventions and content.