Sy Damle is a leading lawyer on copyright, artificial intelligence, and emerging technology. A former software engineer, Department of Justice litigator, and General Counsel of the US Copyright Office, he brings a rare combination of technical fluency, courtroom experience, and senior government perspective to some of the most consequential legal questions facing technology companies today.

Sy serves as Global Chair of Latham’s leading Copyright, Privacy & Communications Practice and Global Vice Chair of the firm’s Band 1 Artificial Intelligence Practice. He represents leading AI, technology, media, and digital-platform companies in high-stakes litigation and advises them on novel legal issues arising from rapidly evolving technologies and business models.

A significant part of Sy’s practice focuses on the developing legal framework for artificial intelligence. He represents AI companies in major copyright litigation concerning the development and training of generative AI models and counsels clients on copyright and other intellectual property issues arising from the creation, training, and deployment of AI systems. His work spans questions of fair use, training data, model development, AI-generated content, and the application of existing copyright principles to new technologies.

Sy also plays an active role in the broader policy debate surrounding AI and intellectual property. He has testified before Congress on the intersection of generative AI and copyright law and has appeared before the US Copyright Office on emerging copyright issues. Government agencies, policymakers, and industry participants regularly seek his perspective on how existing legal frameworks should apply to new technologies.

Beyond AI, Sy has extensive experience litigating complex copyright and technology disputes for music streaming services, software companies, online platforms, and other technology and media businesses. His practice includes high-stakes trials, appellate matters, regulatory proceedings before the US Copyright Office and Copyright Royalty Board, and strategic counseling on products and business models at the frontier of copyright law.

Before joining Latham, Sy served as General Counsel and Associate Register of Copyrights at the US Copyright Office, where he oversaw the agency’s litigation, regulatory, and other legal work. Earlier in his career, he was a litigator at the US Department of Justice, handling intellectual property, administrative law, and constitutional matters.

Before becoming a lawyer, Sy worked as a software engineer, an experience that continues to inform his approach to matters involving artificial intelligence, software, computer systems, and networks. He is known for translating technically complex issues into clear legal and strategic arguments for courts, regulators, policymakers, and business leaders.

Sy has taught copyright law at George Washington University and served as an adviser to the American Law Institute’s Restatement of Copyright Law project. He also serves on the Board of Trustees of the National Children’s Museum and as Technology Chair for the Edward Coke Appellate Inn of Court.

He previously clerked for Judge Sandra L. Lynch of the US Court of Appeals for the First Circuit.

Sy’s recent experience includes representing:

Software and AI

  • OpenAI in defense of all copyright infringement suits brought against it for AI training, including those by Sarah Silverman and The New York Times
  • Anthropic in defense of a copyright infringement suit brought by major music publishers related to AI training 
  • A major networking equipment manufacturer in defense of software copyright infringement claims related to code implementing a networking standard
  • Oracle in winning a US$30 million jury verdict in copyright infringement suit against HPE
  • Johnson & Johnson in a software copyright infringement dispute against its main competitor for theft of code for an ophthalmic laser surgery system, which resulted in a nearly US$200 million settlement for J&J
  • A major venture capital firm in hearings before the US Copyright Office regarding generative AI technologies
  • Apple in:
    • Software copyright infringement and Digital Millennium Copyright Act litigation against a company that sells virtual web-based versions of the company’s mobile operating system
    • Defense of copyright infringement claims relating to diverse emoji
  • A cloud-based email security provider in defense of software copyright infringement claims
  • An online resume building company in copyright infringement litigation against a copycat service
  • A leading technology company in software copyright infringement and Digital Millennium Copyright Act litigation against a company that sells virtual web-based versions of the company’s mobile operating system

Music and Digital Media

  • The National Association of Broadcasters in successive industrywide proceedings before the Copyright Royalty Board to set rates under Section 114/112 of the Copyright Act
  • The Digital Media Association (DiMA), a trade organization of music streaming companies, in a variety of copyright-related regulatory proceedings
  • Spotify in litigation to establish the rates it pays for musical composition licenses
  • The commercial radio industry in litigation with the music licensing organization Broadcast Music Inc.

Thought Leadership

  • Witness, “Artificial Intelligence and Intellectual Property: Part I — Interoperability of AI and Copyright Law,” House Judiciary Subcommittee on Intellectual Property, May 2023
  • Panelist, “Navigating the Minefield of AI-Generated Content,” 33rd Annual Entertainment Law Institute, November 2023
  • Moderator, “Legal Issues with Artificial Intelligence,” Association of General Counsel Annual Meeting, September 2023
  • Panelist, “Artificial Intelligence: The Next Generation of Productivity,” Austin Chamber of Commerce, September 2023
  • Panelist, “Artificial Intelligence and Artists’ Rights,” American University Intellectual Property Brief Symposium, March 2023
  • Panelist, “Web 3 & IP: Understanding the NFT and IP Connection,” January 2023
  • “Repair of Software-Enabled Devices,” Practicing Law Institute, September 2022
  • Panelist, Pauline Newman IP Inn of Court, “Google v. Oracle at the Supreme Court,” February 2021
  • Panelist, “Google v. Oracle,” American University, October 2020
  • Panelist, “Copyright in the Supreme Court,” Copyright Society of the USA, February 2020
  • Speaker, “Google v. Oracle and Computer Software Interoperability,” Columbia Law School, March 2018

Bar Qualification

  • District of Columbia
  • New York

Education

  • JD, University of Virginia, 2005
    Graduated first in class
  • BS in Systems Science Engineering, University of Pennsylvania, School of Engineering and Applied Science, 1999
  • BS in Economics & Jerome Fisher M&T Program, University of Pennsylvania, School of Engineering and Applied Science, 1999