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Courts have said time and again that the fair use doctrine may be “‘the most troublesome in the whole law of copyright.’” See, e.g., Oracle Am., Inc. v. Google Inc., 886 F.3d 1179, 1191 (Fed. Cir. 2018) [internal citations omitted], rev’d on other grounds, 141 S. Ct. 1183 (2021). The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology. Several such cases to date have received considerable publicity, including two class actions by Michael Chabon, Ta-Nehisi Coates and others, Chabon v. OpenAI Inc., No. 3:23-cv-04625 (N.D.Cal.) and Chabon v. Meta Platforms Inc., No. 3:23-cv-04663, (N.D.Cal.); another class action involving several best-selling authors, Authors Guild v. OpenAI Inc. No. 1:23-cv-08292 (S.D.N.Y.), and another class action including Sarah Silverman, Kadrey v. Meta Platforms Inc., No. 3:23-cv-03417 (N.D.Cal).
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By Reid Knabe and Bita Rahebi
This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.
Emerging Legal Terrain: IP Risks from AI’s Role In Drug Discovery
By Fredrick Tsang, Antonia Sequeira and Carl Morales
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
LLM Customization With A Path to Human Inventorship and Patent Rights
By Jim Soong
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Adidas Stripe Design Battle Reveals Intricacies of Trademarks In the Fashion World
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder
Although the bitter legal battle between Adidas and Thom Browne is far from over on either side of the pond, the case illustrates the challenges of ensuring trademark protection for simple and widely employed design elements.