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Features

Authorship and Copyright In Hybrid AI-Human Collaborative Works Image

Authorship and Copyright In Hybrid AI-Human Collaborative Works

Aaron Dunn & Chris King

The United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial process

Features

Innovative Uses and IP Considerations of 3D Printing Image

Innovative Uses and IP Considerations of 3D Printing

Brian A. R. Raddatz & Kate Nuehring Su

Companies involved in 3D printing must be cognizant of the patent rights obtained by their competitors in this space and must be proactive in identifying and securing their own patent rights to effectively compete in this continually developing field.

Columns & Departments

IP News Image

IP News

Howard Shire & Alicia Ginsberg

Proving Damages for Trademark Infringement In the Eleventh Circuit

Features

Handling IP Ownership Issues In Remote Work Image

Handling IP Ownership Issues In Remote Work

Sarah Schaedler & Jennifer T. Criss

Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.

Features

New York Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff Image

New York Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff

Todd Larson & Yonatan Shefa

Perhaps no other area in the technology sector — save perhaps the recent explosion of generative AI models — has raised as many thorny intellectual property issues as the proliferation of Non-Fungible Tokens, or NFTs. Leading the charge have been cases addressing whether NFT makers who utilize other parties' trademarks can turn to the First Amendment as a defense to trademark infringement.

Features

How to Diversify the Pool of Inventors — and Improve Innovation Image

How to Diversify the Pool of Inventors — and Improve Innovation

Christine E. Hollis, Jonathan C. Hughley & David C. Read

Efforts to diversify the inventive population will not only foster innovation across a wide range of businesses and industries but will also help greatly expand the pool of inventors across racial, gender and ethnic categories, and the country as a whole will realize numerous benefits.

Features

Music Rates and Royalties In 2023 Image

Music Rates and Royalties In 2023

Jeff Brabec & Todd Brabec

Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

Columns & Departments

IP News Image

IP News

Matthew Weiss

Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute

Columns & Departments

Podcast: Crypto's Rocky IP Future Image

Podcast: Crypto's Rocky IP Future

IPS Staff

Listen in on a post-webinar chat on "The Crypto Landscape: Post-FTX," with Blockchain Legal LLP partner Aaron Krowne and counsel Ali Derie, along with veteran entertainment industry lawyer Eric S. Goldman, about cryptocurrency's rocky recent past (and present) as well as its still-promising, if uncertain, future.

Features

Impersonation on Social Media: The Increasing Challenges of Verification Image

Impersonation on Social Media: The Increasing Challenges of Verification

Christine Au-Yeung & Chidera Dawodu

The recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms' verification and authentication processes.

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  • Internet Goods and Product Liability
    The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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