June 2024

Jack Daniel’s Wins U.S. Supreme Court Battle with Dog Toy Seller

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In a win for brand owners, last week the U.S. Supreme Court ruled that potential trademark infringers are not automatically shielded from liability for infringement by simply claiming that their use of another party’s registered mark includes a comical message. My colleagues Patricia Flanagan and Camilia Chediak recently published an article describing the details of […]

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Looking Forward: The U.S. Copyright Office’s AI Initiative in 2024

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More than one year ago, the U.S. Copyright Office launched a comprehensive initiative to examine the impact of generative Artificial Intelligence (AI) on copyright law and policy. This blog post highlights the next steps of this ongoing study and summarizes a recent update to Congress from Register of Copyrights Shira Perlmutter. Over the coming months,

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Example for How to Present a Patent Drafting Robot to First-Time Viewers: “Edge”

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This is my perspective: when I began organizing events for the Robotic Patent Drafting (RPD) community, I believed that people would buy RPD tools based on their features. That is why I included a detailed comparison table in my RPD Manifesto (click here to buy), listing all the then-available RPD tools and their respective features. Later,

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Humans Only – US Federal Court Rules that AI Cannot Own Copyright in Created Works

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This blog has on many occasions discussed the difficult world that IP can be for both AI creations and inventions (e.g. more here, here and here), with the landscape looking more and more ‘hostile’ towards AI creations and inventorship. This hasn’t, however, put a damper on many who will keep trying to push the envelope,

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Challenges and roadblocks to robust metadata in the scholarly communications industry

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Introduction For the scholarly communications community to extract the most value from scientific research, as well as to successfully move from subscription to open access publishing models, it is essential to have clean metadata and a robust infrastructure to build the required workflows, processes and systems to support effective use of that metadata. To support

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Do IP Rights Matter to AI? Keep an Eye on NY Times v. Microsoft and 23 Other Future-Defining AI Disputes

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Legal battles currently being fought over aspects of generative artificial intelligence are an indication of the complexity and uncertainty that businesses and society are facing. For AI the future is now. Taking your eye off of the legal ball is not a good idea. Suits involve not only content “scraping,” broad collection of copyrighted content

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AI Art Lawsuit | How AI Art Meets 3 Criteria for Copyrights

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Why AI-Generated Art Should Be Copyrightable The expression that artists will put AI in their toolbox points to the reason why AI-generated art should be copyrightable.  AI-generated art should be copyrightable because it is indeed possible to create AI-generated art with enough human intervention and creativity to satisfy the requirements for copyright. Further, we argue

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Meet Sarah Beth Morgan: An Animation Artist Drawn to Purpose

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The Copyright Office celebrates Women’s History Month and this year’s theme, “Women who advocate for equity, diversity, and inclusion.” As part of this year’s celebration, Copyright Office staff sat down with Sarah Beth Morgan, an animation director, illustrator, and muralist who has practiced art across the country. Morgan attended Savannah College of Art and Design

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