Photo of Jiyoon Kim

Jiyoon Kim is an associate in Proskauer’s Technology, Media & Telecommunications Group. She earned her J.D. and M.B.A. degrees from Columbia University. While at Columbia, Jiyoon worked as a legal intern at Sony Corporation of America. Prior to law school, Jiyoon graduated with High Honors from Princeton University with a B.A. in East Asian Studies.

In a previous post, we highlighted three key items to look out for when assessing the terms and conditions of generative artificial intelligence (“GAI”) tools: training rights, use restrictions and responsibility for outputs. With respect to responsibility for outputs specifically, we detailed Microsoft’s shift away, through its Copilot Copyright Commitment (discussed in greater detail below), from the blanket disclaimer of all responsibility for GAI tools’ outputs that we initially saw from most GAI providers.

In the latest expansion of intellectual property protection offered by a major GAI provider, OpenAI’s CEO Sam Altman announced to OpenAI “DevDay” conference attendees that “we can defend our customers and pay the costs incurred if you face legal claims around copyright infringement, and this applies both to ChatGPT Enterprise and the API.”