AI, Intellectual Property, and Alternative Dispute Resolution: Finding Creative Solutions

In this episode of the WIPO Arbitration and Mediation Matters podcast, we welcome Andres Izquierdo, an expert working at the intersection of law, technology, and innovation. With experience advising governments, international organizations, and tech companies, Andres shares his professional journey from working in Colombia's music industry and Sony Music to founding his own specialized firm and serving as counsel to the Program on Information Justice and Intellectual Property at the American University and the Geneva Graduate Institute. The episode explores the four core disputes emerging between AI platforms and copyright holders—from unauthorized use of copyrighted works for training AI systems to fair use defences and the creation of derivative works. With at least 70 lawsuits currently pending worldwide, Andres examines a groundbreaking case: the Disney-OpenAI deal, a billion-dollar strategic partnership that transformed potential litigation into collaboration by licensing over 200 characters in exchange for equity. This case exemplifies how alternative dispute resolution, particularly mediation, offers faster, more flexible, and creative solutions compared to traditional court battles. The conversation also highlights the benefits of ADR in the AI context—including confidentiality, expertise, speed, and tailored solutions—and concludes with practical advice for aspiring IP practitioners navigating the AI era in an increasingly cross-border legal landscape.