Artificial intelligence (AI) is rapidly becoming a part of the tools we use every day. AI can be found on our computers, our phones, our cars, and beyond. As AI systems grow more advanced, it becomes increasingly appealing to rely on them to generate content, ideas, and even finished works with little to no human input. But as AI takes on more of the creative process, a critical question emerges: what happens to the role of human authorship? When
Continue Reading AI Made It. Now Who Owns It?
Among a company’s most valuable assets is its intellectual property (IP). Though often intangible, IP—innovations, concepts, designs, processes, and more—offers companies a competitive edge in the marketplace. Protecting these assets is essential for safeguarding revenue, accelerating growth, and preventing competitors from gaining an unfair advantage—and your employees can be an inside threat.
During our recent webcast, we examined how employment practices intersect with IP protection and what employers need to keep in mind. Key insights from this presentation include:
Continue Reading Managing IP Risks Through the Employment Lifecycle
A trademark (or service mark) is something (really, anything) that helps your customers find you for what you sell. It helps them refer you to their friends so they find you, too. That means it has be able to be remembered and identified later as that. The fancy term is that it is “an indicator of source.” I know that that thing bearing that trademark came from the same people who made the last thing that I saw bearing
Continue Reading What is a Trademark?
When most of us think about figure skating at the Winter Olympic Games, we picture elite athletes, dramatic performances, and unforgettable routines. However, in recent years, an important issue has emerged: complex copyright disputes.
For decades, copyright music licensing was rarely an issue in competitive skating. This is because the International Skating Union (ISU) prohibited music with lyrics, and most classical compositions used by skaters were in the public domain. This changed in 2014 when the ISU relaxed
Continue Reading Skating on Thin Ice: Copyright Challenges at the Winter Olympics
The Copyright Office has implemented a new registration option called Group Registration of Two-Dimensional Artwork (GR2D). It may be used to register between two and twenty works of two-dimensional art.
There are requirements:
1. The works must all have been published within the same calendar year (make sure you get advice about what “publication” means under US copyright law)
2. The works must be eligible types of artwork. Check that list carefully; many types of visual art cannot
Continue Reading Copyright: New Group Registration Option for 2D Artwork
Securing a federal trademark with the United States Patent and Trademark Office (USPTO) is one of the most exciting and valuable steps a new business can take to protect its brand identity. The USPTO trademark application process is not always intuitive, especially when it comes to evaluating whether another business is already using a similar mark in commerce. It is important for prospective applicants to understand how the trademark application process works in order to prevent costly surprises down
Continue Reading Navigating the USPTO Trademark Application Process: Is It Worth the Risk?
More and more, I hear some version of the same question from business owners: “We made something valuable with the help of AI. Can we protect it?”
Sometimes the “something” is obvious, like marketing copy, a logo, a photo, a product description, a training guide, or software code. Sometimes it is less obvious but more important, like a pricing model, a customer segmentation strategy, an internal workflow, or a set of prompts that reliably produces good results for the
Continue Reading Protecting AI-Influenced Work: Why Copyright and Patents Can Fall Short, and Why Trade Secrets Often Matter More
In August of this year, the US Post Office announced a new rule that included without much fanfare a MAJOR change in when letters are postmarked. Under this new rule, most letters will no longer be postmarked on the day the letter is received by a post office but instead postmarked a day later when the letter is processed at a regional mail processing facility.
It is important that mailers understand the distinction between the date when the Postal
Continue Reading Postmark changes at the Post Office and late mail
If you’re in a rush, that title is all you need to know.
If you crave explanation, here it is.
One does not “copyright” (verb) one’s work. Copyright rights attach automatically, when sufficiently original works of authorship are fixed in tangible media of expression. That is, for example, when the poem is written on paper; the paint is applied to canvas; the recording or photograph is fixed in a digital file; the training materials are typed into Word or
Continue Reading Copyright Is Not A Verb
Technology companies are facing a series of lawsuits alleging copyright infringement.
Throughout our Artificial Intelligence 101 blog series, we’ve discussed the hypothetical legal troubles Generative AI can cause. To wrap things up, our final blog post is an overview of the many pending lawsuits that could decide the legal future of Generative AI.
OpenAI, the creator of ChatGPT, is likely the most well-known company in the field of Generative AI technology. This recognition, however, has resulted in numerous
Continue Reading Generative Artificial Intelligence 101: Copyright Infringement Lawsuits Ahead for Tech Companies
When a fantastic trademark dispute arises, especially one involving superheroes, this trademark attorney cannot help but blog about it. The nature of this particular trademark dispute is epic, perhaps rising to the level worthy of a superhero blockbuster (or maybe that’s just this attorney’s trademark geekdom talking). In either event, like many legal disputes, this trademark dispute has several moving parts and has thus far spanned several proceedings. In short, it is complicated. With that in mind, it makes
Continue Reading SUPER BABIES vs. Other SUPER Trademarks
As the father of a three year old boy, I spend… more time than I would like in public bathrooms. When you’re three, public bathrooms are a real place of wonder. Questions abound: Is there a “stand-up potty?” Is the paper towel machine automatic? What about the sink and soap dispenser, are they automatic too? And why can’t you touch anything in the stall? (Because people are disgusting, that’s why.)
A Legal Curiosity
On my fifth trip to the
Continue Reading The Curious Case of ‘Healthy Soap®’
Many bar and restaurant owners are aware of the need to enter into licensing agreements for the music they play over the speakers in their establishments. But with shrinking profit margins due in part to rising food and labor costs, music licenses often get put on the back burner, which could create problems down the road. If an establishment inadvertently lets a license lapse, the establishment could end up facing a lawsuit—the last thing any bar or restaurant owner
Continue Reading When It’s Time to Pay the Piper: Music Licenses and Copyright Infringement
In a case involving a 1980’s rocker, an iconic figure in the pop art movement, and a celebrity photographer, the Supreme Court recently tweaked the four-part copyright fair use test in its decision in Andy Warhol Foundation v. Goldsmith. The shift in fair use, though subtle, may have profound implications for artists who build upon existing creative works—and, of course, businesses and persons who may want to use resulting copyrighted material.
Background
In 1981, celebrity photographer Lynn Goldsmith photographed
Continue Reading The Supreme Court Strikes a New Chord in Andy Warhol Foundation v. Goldsmith
When branding a new product, many businesses allude to copyrighted works either to honor a creative work or cash in on a pop culture success. The practice is very common across a wide variety of products, including t-shirts, stickers, craft beers, and even car commercials. You may even be considering alluding to a copyrighted work for your next product. Unfortunately, brand creators are often unaware of the dangers associated with the practice as it risks trademark and copyright infringement.
Continue Reading The Stuff Dreams Are Made Of: Copyright in Fictional Characters
Generally, to properly file a copyright application, the applicant must complete three components. First, the applicant must complete an online application. This process is relatively straightforward and requires certain pieces of information to be filled out and specified concerning the type of work, year of creation, publication information, author(s), claimant(s), and certain limits on use (if applicable). Second, the applicant must submit a filing fee by credit card, debit card, bank account, or deposit account. Lastly, the applicant must
Continue Reading Copyrights: The Difference in Deposits