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How D.C. Fed. Court Denied Copyright to AI-Created Artwork
The U.S. District Court for the District of Columbia recently upheld a final refusal by the U.S. Copyright Office (USCO) to register a visual work entitled "A Recent Entrance to Paradise." According to the application filed with the USCO by plaintiff Stephen Thaler, the image was not the product of human authorship but was instead "autonomously created by a computer algorithm running on a machine," which the plaintiff called the Creativity Machine and identified as the "author" of the work. The plaintiff named himself as the copyright claimant, however, on the basis that he was the "owner of the machine."
The USCO refused to register the work in August 2019 because it "lack[ed] the human authorship necessary to support a copyright claim." This refusal was affirmed, on the same reasoning, through the internal appeals process within USCO. A final refusal by the Copyright Review Board on Feb. 14, 2022, led Thaler to file an action in the U.S. District Court for the District of Columbia under the Administrative Procedure Act (APA), 5 U.S.C. §706(2), claiming that the USCO's actions were "arbitrary, capricious, an abuse of discretion and not in accordance with the law, unsupported by substantial evidence and in excess of [USCO's] statutory authority."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.