The licensing of internet AI intellectual property is stymied because legal difficulties such as the proper assessment of the jurisdiction for the licensing agreement and the proper identification of the parties for the licensing agreement. However, the primary issue is that normally the licensor is a computer program, hence not a legal person.
In March, the Supreme Court heard a blockbuster trademark case with significant implications for trademark law. After argument, reversal seems likely as questioning from the justices suggests that a long-standing precedent is unlikely to survive unscathed. But the Court also indicated concern over the broader implications of this case in the arts, entertainment, and publishing. Here's what you need to know about Jack Daniel's v. VIP Products.
Part Two of a Two-Part Article Part One of this article briefly detailed what "generative AI" tools like ChatGPT are and provided an overview of key legal considerations. Part Two looks at upcoming AI-specific legislation and the path forward for firms wanting to use AI in practice.
Part Two of a Two-Part Article Part One of this article discussed mechanical licenses and interactive streaming services. Part Two covers songwriters and music publishers, and record labels.
The primary issue associated with securing a licensor's consent for Internet AI intellectual property is that normally the licensor is a computer program, hence not a legal person.
Federal Circuit Affirms the Board's Finding of Anticipation Because Prior Art Patent and References Incorporated Therein Inherently Meet the Disputed Claim Limitations Federal Circuit Affirms a Finding of Infringement Because the District Court Correctly Construed "a" and "said" and Rejects Anticipation Argument on Waiver Grounds Federal Circuit Vacates Judgment of Non-Infringement Because the Underlying Stipulation Failed to Provide Sufficient Detail for the Court to Resolve Certain Claim Construction Issues
Part One of a Two-Part Article Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar AI-powered tools in their operations. These requests can be urgent, with business clients demanding enablement from legal. This article is in two parts: Part One briefly details what "generative AI" tools like ChatGPT are and provides an overview of key legal and IP considerations, including by looking forward to upcoming AI-specific legislation in the EU and the U.S.
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
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.
Proving Damages for Trademark Infringement In the Eleventh Circuit
