Where AI and property law intersect; Arizona State University (ASU) News, April 5, 2024

 Dolores Tropiano, Arizona State University (ASU) News; Where AI and property law intersect

"Artificial intelligence is a powerful tool that has the potential to be used to revolutionize education, creativity, everyday life and more.

But as society begins to harness this technology and its many uses — especially in the field of generative AI — there are growing ethical and copyright concerns for both the creative industry and legal sector.

Tyson Winarski is a professor of practice with the Intellectual Property Law program in Arizona State University’s Sandra Day O’Connor College of Law. He teaches an AI and intellectual property module within the course Artificial Intelligence: Law, Ethics and Policy, taught by ASU Law Professor Gary Marchant.

“The course is extremely important for attorneys and law students,” Winarski said. “Generative AI is presenting huge issues in the area of intellectual property rights and copyrights, and we do not have definitive answers as Congress and the courts have not spoken on the issue yet.”"

Taylor’s Version of copyright; Harvard Law School, April 3, 2024

Brett Milano, Harvard Law School ; Taylor’s Version of copyright

"When Taylor Swift began re-recording her old albums and releasing the new, improved “Taylor’s Version,” she did more than delight a nation of Swifties. She also opened significant questions about the role of intellectual property in contract law, and possibly tipped the balance toward artists.

According to Gary R. Greenstein, a technology transactions partner at Wilson Sonsini, the Swift affair is one of many that makes these times especially interesting for copyright law. Greenstein’s current practice focuses on intellectual property, licensing, and commercial transactions, with specialized expertise in the digital exploitation of intellectual property. He appeared at Harvard Law School on March 28 for a lunchtime talk, which was presented and introduced by Chris Bavitz, the WilmerHale Clinical Professor of Law and managing director of the law school’s Cyberlaw Clinic. “I have been doing this for 28 years now and there is never a dull moment,” Greenstein said.

Greenstein placed the Swift story in the larger context of music copyrights. In music, he explained, there are always two copyrights. The first is for the musical work itself, and this is usually controlled by the composer/songwriter, or by a publishing company acting on their behalf. The second is the “master,” the recorded performance of the work, and this is usually controlled by the label."

Women transforming industries: Recognizing the power of intellectual property; United States Patent and Trademark Office (USPTO), April 24 12 Noon EDT

United States Patent and Trademark Office (USPTO) ; Women transforming industries: Recognizing the power of intellectual property

"Hear how women innovators are impacting industries across the board with intellectual property (IP) protection at our next Women's Entrepreneurship (WE) event, happening virtually and in person on Wednesday, April 24 from noon to 1 p.m. ET at George Mason University's Mason Enterprise Center in Fairfax, Virginia.

Expert panelists, including women entrepreneurs, small business owners, and inventors, will discuss resources and services that can help you protect your IP, access capital, find mentors, and network with fellow innovators and entrepreneurs.

An agenda and speaker list will be posted soon.

Register today

Japan's universities fail to make the most of intellectual property; Nikkei Asia, March 9, 2024

KENJIRO SUZUKI, Nikkei Asia; Japan's universities fail to make the most of intellectual property

"Due to lack of support, patents earn only 2% compared to U.S. schools"

Public Symposium on AI and IP; United States Patent and Trademark Office (USPTO), Wednesday, March 27, 2024 10 AM - 3 PM PT/1 PM - 6 PM ET

United States Patent and Trademark Office (USPTO); Public Symposium on AI and IP

"The United States Patent and Trademark Office (USPTO) Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership will hold a public symposium on intellectual property (IP) and AI. The event will take place virtually and in-person at Loyola Law School, Loyola Marymount University, in Los Angeles, California, on March 27, from 10 a.m. to 3 p.m. PT. 

The symposium will facilitate the USPTO’s efforts to implement its obligations under the President’s Executive Order (E.O.) 14110 “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The event will include representation from the Copyright Office, build on previous AI/Emerging Technologies (ET) partnership events, and feature panel discussions by experts in the field of patent, trademark, and copyright law that focus on:

1. A comparison of copyright and patent law approaches to the type and level of human contribution needed to satisfy authorship and inventorship requirements;
2. Ongoing copyright litigation involving generative AI; and 
3. A discussion of laws and policy considerations surrounding name, image, and likeness (NIL) issues, including the intersection of NIL and generative AI.

This event is free and open to the public, but in-person attendance is limited, so register early"

Under the Bridge | The Rise of Copyright Trolls in the Intellectual Property Space; JDSupra, February 6, 2024

Lindsey Mead, Mikhail Murshak, oster Swift Collins & Smith, JDSupra ; Under the Bridge | The Rise of Copyright Trolls in the Intellectual Property Space

"Through tactical litigation practices, copyright trolls rely on copyright law to allege infringement and threaten major statutory damages upon unsuspecting defendants. The term “copyright troll” is an unflattering nickname for someone who manipulates the intellectual property (“IP”) laws to force a “toll” by way of a settlement payout on market participants...

There is hope in the IP legal field that greater copyright protections may come due to the soaring presence of copyright trolls. Notably, there is a pending copyright case before the United States Supreme Court, Warner Chappell Music, Inc. v. Nealy, that will be heard on February 21, 2024. The Electronic Frontier Foundation (“EFF”) has chosen to submit an amicus brief in support of the defendants accused of copyright infringement in that case. Within the brief, EFF alleges that copyright trolling imposes unnecessary costs on affected defendants and limits the exercise of creativity."

A Stranger Bought a Set of Highly Personal Letters. Can I Call Him Out?; The Ethicist, The New York Times Magazine, January 25, 2024

 Kwame Anthony Appiah, The Ethicist,The New York Times Magazine ; A Stranger Bought a Set of Highly Personal Letters. Can I Call Him Out?

"From the Ethicist:

It was thoughtless, I agree, to sell off a cache of letters that included some that were intimate and came from living people. The thought of strangers’ digging through letters written in the spirit of love and friendship can be upsetting. That the person who has acquired these letters has failed to grasp this suggests a certain lack of empathy. But it doesn’t establish that he lacks a moral sense, because you don’t really have any idea what he plans to do with this material. 

And there are constraints on this. When you acquire letters, you don’t thereby acquire the copyright in those letters, and copyright protection typically lasts until 70 years after the author’s death. So he has to deal with the murky issue of what counts as the “fair use” of such intellectual property. There are also a few privacy torts that individuals can try to pursue in the courts (e.g., intrusion upon seclusion; public disclosure of private facts). Even though he isn’t a party to a covenant of confidentiality, as someone in A.A. is, it remains true that, as you imply, exposing details of the intimate lives of private people is generally wrong."

Is A.I. the Death of I.P.?; The New Yorker, January 15, 2024

Louis Menand, The New Yorker ; Is A.I. the Death of I.P.?

"Intellectual property accounts for some or all of the wealth of at least half of the world’s fifty richest people, and it has been estimated to account for fifty-two per cent of the value of U.S. merchandise exports. I.P. is the new oil. Nations sitting on a lot of it are making money selling it to nations that have relatively little. It’s therefore in a country’s interest to protect the intellectual property of its businesses.

But every right is also a prohibition. My right of ownership of some piece of intellectual property bars everyone else from using that property without my consent. I.P. rights have an economic value but a social cost. Is that cost too high?

I.P. ownership comes in several legal varieties: copyrights, patents, design rights, publicity rights, and trademarks."

'Steamboat Willie' is now in the public domain. What does that mean for Mickey Mouse?; NPR, January 1, 2024

Neda Ulaby , NPR; 'Steamboat Willie' is now in the public domain. What does that mean for Mickey Mouse?

""You know, he's evolved so much and become more 3D and colorful," observes Ryan Harmon, a former Disney Imagineer, of the character today. He remembers anxious talk, when he worked at the company in the 1990s, about the beloved icon eventually entering the public domain.

But that's not happening, says Kembrew McLeod, a communications professor and intellectual property scholar at the University of Iowa.

"What is going into the public domain is this particular appearance in this particular film," he says.

That means people can creatively reuse only the Mickey Mouse from Steamboat Willie. Not the Mickey Mouse in the 1940 movie Fantasia. Nor the one on Mickey Mouse Clubhouse, a kids' show that aired on the Disney Channel for a decade starting in 2006.

New versions of Mickey Mouse remain under copyright. Copyright applies to creative characters, movies, books, plays, songs and more. And as it happens, Mickey Mouse is also trademarked.

"Trademark law is entirely about protecting brands, logos and names — like Mickey Mouse as a logo, or the name Mickey Mouse," McLeod says.

"And of course, trademark law has no end," adds Harvard Law School professor Ruth Okediji. Disney and other corporations, she says, use trademarks to extend control over intellectual property.""

Copyright Forum 11/22/23; Vox Pop, WAMC Northeast Public Radio, November 22, 2023

Vox Pop, WAMC Northeast Public Radio; Copyright Forum 11/22/23

"Our panel of experts is back to help you protect your intellectual property. Bill Westwood, Polly Law and David Newhoff join us to take your calls. 800-348-2551. Ray Graf hosts."

An Apparent Cyberattack Hushes the British Library; The New York Times, November 3, 2023

 Alex Marshall, The New York Times; An Apparent Cyberattack Hushes the British Library

"Tasmina Islam, a lecturer in cybersecurity education at King’s College London said in an email that the motivation for attacking a library could be financial.

“Cybercriminals can access a lot of information from a library, including users’ personal data,” she said. Libraries also “store electronic books, research articles and various intellectual properties, all of which cybercriminals can exploit for illegal distribution,” Islam added.

The British Library incident “served as a warning for other libraries and institutions to assess their own security measures thoroughly,” she said."

Georgia State Hosts Deep-Dive Event on Intellectual Property and AI; Georgia State News Hub, October 26, 2023

Georgia State News Hub; Georgia State Hosts Deep-Dive Event on Intellectual Property and AI

"Experts from inside and outside Georgia State University gathered for “Protect Your Ideas: IP, AI and Entertainment,” a first-of-its-kind forum that gave students, faculty and staff a chance to share and learn about intellectual property and artificial intelligence with an eye toward entertainment. The Oct. 10 event was jointly sponsored by the university’s Office of the Vice President for Research and Economic Development, the College of Law and Popular Culture Collective.

“Atlanta is a national hub for creativity, commerce and research, so it makes sense that we at Georgia State strive to educate people about intellectual property,” said university President M. Brian Blake, who gave opening remarks at the event. “Understanding how to protect your ideas is critical, regardless of your field.”...

After remarks by leadership, Kenny Franklin, senior licensing associate with Georgia State’s Office of Technology Transfer & Commercialization, hosted a fireside chat with College of Law alum Scott Frank, president and CEO of AT&T Intellectual Property LLC and chair of the Georgia Intellectual Property Alliance. The dialogue helped define intellectual property and reflected on its meaning in today’s knowledge economy.

“I tell people that intellectual property is like oxygen. It’s all around us and we don’t see it, but we wouldn’t survive without it,” Frank said."

What 70% of Americans Don’t Understand About Intellectual Property; Stites & Harbison, October 26, 2023

Mandy Wilson Decker, Stites & Harbison; What 70% of Americans Don’t Understand About Intellectual Property

"The United States Intellectual Property Alliance (USIPA) recently published the results of its US Intellectual Property Awareness & Attitudes Survey. Among its findings, the survey results revealed that 70% of Americans are unable to distinguish between mechanisms – patents, trademarks, copyrights, and trade secrets – for protecting Intellectual Property (IP).

Given these results, it's worth exploring the principal mechanisms for protecting IP, which each possess some distinctive features."

Intellectual Property Careers: Top 9 Jobs to Consider and the Skills Needed to Get Them; The Michelson Institute for Intellectual Property, October 26, 2023

The Michelson Institute for Intellectual Property ; Intellectual Property Careers: Top 9 Jobs to Consider and the Skills Needed to Get Them

"When it comes to Intellectual Property (IP), many envision legal battles and courtrooms. However, the world of IP is a vast ecosystem with roles that extend well beyond IP attorneys. While lawyers are essential in this dynamic field, the career opportunities presented by the myriad variety of intellectual property jobs are as diverse as the creations they protect...

Skills and Qualities for Success in IP Careers

Regardless of the specific career path within IP, certain skills and qualities are highly valuable:

• Legal Foundation: Strong foundational knowledge in IP law—including patents, trademarks, copyrights, and trade secrets—is essential. Protip: try our Intangible Advantage digital textbook to get started.
• Technical Expertise: Depending on the field, a technical background in fields such as engineering, science, or IT can be advantageous, especially in patent-related careers.
• Communication Skills: Effective written and oral communication is crucial for conveying complex legal concepts to clients, colleagues, and stakeholders.
• Analytical Thinking: The ability to analyze legal issues, research IP matters, and make informed decisions is fundamental. 
• Business Acumen: Understanding the business objectives and strategies of clients or employers is essential for aligning IP efforts with broader goals. To understand IP in a business context, check out our business case stories.
• Negotiation Skills: Negotiating licensing agreements, resolving disputes, and managing relationships with stakeholders require strong negotiation skills. 
• International Awareness: In an increasingly globalized world, having an understanding of international IP laws and practices can be a significant asset."

USPTO; Director's Blog: the latest from USPTO leadership; Latest updates on artificial intelligence and intellectual property, September 29, 2023

Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO; Director's Blog: the latest from USPTO leadership

Latest updates on artificial intelligence and intellectual property

"Our AI/ET Partnership Meeting on September 27 this week explored the many ways that AI is shaping the work of both the USPTO and those who practice before us, along with the role of USPTO data in advancing state-of-the-art AI research and AI throughout the innovation economy. Attendees heard from a distinguished and diverse lineup of AI researchers, IP practitioners, USPTO technologists, and interagency partners. And our economists demonstrated some of our AI data and research initiatives.

Given the rapid adoption of AI, we are moving swiftly and carefully – including on patent examiner training. In our report, “Inventing AI: Tracing the diffusion of artificial intelligence with U.S. patents,” we found that AI is increasingly important for invention, diffusing broadly across technologies, inventors, organizations, and geography. For example, recently updated data from our report indicates that around 80,000 of our utility patent applications in 2020 involved artificial intelligence – over 150% higher than in 2002. AI now appears in more than 18% of all utility patent applications we receive. Illustrating AI’s rapid diffusion across fields, patents containing AI appeared in about 9% of all technologies examined by the USPTO in 1976, and spread to more than 50% by 2020. And, this data precedes what we have all seen in the past six months." 

Introduction to Intellectual Property; West Virginia Libraries (WVU) , Tuesday, August 29, 2023

West Virginia Libraries (WVU) ; Introduction to Intellectual Property

"Curious about Trademarks, Copyrights, Patents, & Trade Secrets? Join us for an overview of intellectual property.

 Intellectual Property by Marian Armour-Gemmen"

Agence France-Presse pursues copyright case against X, formerly known as Twitter; AP, August 3, 2023

AP; Agence France-Presse pursues copyright case against X, formerly known as Twitter

"AP; Agence France-Presse pursues copyright case against X, formerly known as Twitter  "France’s international news agency, Agence France-Presse, says it is pursuing a copyright case against X, the social media platform formerly known as Twitter, in an effort to secure potential payment for its news content."

Five Takeaways From the U.S. Senate Subcommittee on Intellectual Property’s AI and Copyright Hearing; JD Supra, July 21, 2023

Nathaniel Bach, Monica Kulkarni, Manatt, Phelps & Phillips, LLP , JD Supra; Five Takeaways From the U.S. Senate Subcommittee on Intellectual Property’s AI and Copyright Hearing

"On July 12, 2023, the U.S. Senate Committee on the Judiciary’s Subcommittee on Intellectual Property held its second hearing on artificial intelligence (AI) and intellectual property (IP). The first hearing, held on June 7, 2023, focused on AI’s implications for patent law, while this second hearing centered on copyright issues. Hearing participants, both senators and witnesses, seemed to recognize that the industry needs to strike a balance between promoting AI innovation and protecting creators’ rights, particularly in the context of training generative AI models using data gathered from the Internet. While opinions on the means to achieve that end certainly differed across witnesses—who ranged from the head of public policy at Stability AI to a concept artist—the general consensus was that more clarity on the federal level regarding how to protect creators’ rights would be beneficial to stakeholders across the board...

Accordingly, the senators focused their questioning on mainly five topics, providing a glimpse of what potential federal legislation could look like:..."

Cheaper TB drugs for millions after global deal on patent rights agreed; The Guardian, July 18, 2023

 Kaamil Ahmed, The Guardian ; Cheaper TB drugs for millions after global deal on patent rights agreed

"Pharmaceutical giant Johnson & Johnson has struck a deal to allow generic versions of its tuberculosis drug to be supplied to low-income countries – but the deal has been criticised for not going far enough to end the company’s monopoly on global supplies of bedaquiline.

The global patent of the drug ends on Tuesday 18 July, but in a number of countries Johnson & Johnson continues to control the market with secondary patents – for which small modifications are made to a product to extend a patent.

J&J’s decision will allow the Stop TB Partnership coalition to procure and supply generic bedaquiline to 44 low- and middle-income countries through its Global Drug Facility (GDF)."

Music & Tech Executives Testify on Artificial Intelligence & Copyright; C-Span, July 12, 2023

C-Span; Music & Tech Executives Testify on Artificial Intelligence & Copyright

"Music industry and tech company executives as well as a visual artist and a law professor testified on artificial intelligence (AI) and its impact on copyright and intellectual property before a Senate Judiciary subcommittee. Topics included publicity and fair use of content, an opt-out process for creators, notating content that has been created using AI, deep fake technology, and ways that Congress can help protect intellectual property."