Saturday, March 26, 2022

Even in the digital age, Only human-made works are copyrightable in the U.S.; March 21, 2022

 K&L Gates LLP - Susan Kayser and Kristin Wells , Lexology; Even in the digital age, Only human-made works are copyrightable in the U.S. 

"The U.S. Copyright Office Review Board refused copyright protection of a two-dimensional artwork created by artificial intelligence, stating that “[c]urrently, ‘the Office will refuse to register a claim if it determines that a human being did not create the work,’” see recent letter. The Compendium of U.S. Copyright Office Practices does not explicitly address AI, but precedent, policy, and practice makes human authorship currently a prerequisite.

A “Creativity Machine,” authored the work titled “A Recent Entrance into Paradise.” The applicant, Steven Thaler, an advocate for AI IP rights, named himself as the copyright claimant. Thaler’s application included a unique transfer statement: “ownership of the machine,” and further explained that the work “was autonomously created by a computer algorithm running on a machine.” Thaler sought to register the work as a work-for-hire because he owns the Creativity Machine.

AI’s “kill switch” at the U.S. Copyright Office? AI isn’t human. The Review Board relied on the Office’s compendium of practices and Supreme Court precedent dating back to 1879—long before computers were a concept—to hold that the U.S. Copyright Office will not register a claim if it determines that a human being did not create the work.

The Review Board also denied Thaler’s argument that the work made for hire doctrine allows non-human persons like companies to be authors of copyrighted material. The Board explained that works made for hire must be prepared by “an employee” or by “parties” who “expressly agree in a written instrument” that the work is for hire.

Because Thaler did not claim any human involvement in the work, the Board did not address under which circumstances human involvement in machine-created works might meet the statutory requirements for copyright protection. This is an issue that may soon arise."

Online Copyright Piracy Debate Ramps Up Over Proposed Legal Fix; Bloomberg Law, March 23, 2022

Riddhi Setty, Bloomberg LawOnline Copyright Piracy Debate Ramps Up Over Proposed Legal Fix

"Sen. Patrick Leahy (D-Vt.) and Sen. Thom Tillis (R-N.C.), the leaders of the Senate Judiciary Committee’s Intellectual Property Subcommittee, recently proposed the SMART (Strengthening Measures to Advance Rights Technologies) Copyright Act of 2022, which aims to hold service providers accountable for fighting copyright theft."

Friday, March 18, 2022

A professor found his exam questions posted online. He’s suing the students responsible for copyright infringement.; The Washington Post, March 16, 2022

Jaclyn Peiser, The Washington Post ; A professor found his exam questions posted online. He’s suing the students responsible for copyright infringement.

"Now, Berkovitz is suing the unknown students from the Orange, Calif., university for copyright infringement. In a lawsuit filed last week in the U.S. District Court for the Central District of California, the professor alleges the students “infringed Berkovitz’s exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the Midterm Exam and Final Exam on the Course Hero website without Berkovitz’s permission.”"

Tuesday, March 8, 2022

"Finding Owners of Copyright"; Indiana University Bloomington Libraries

From IU Libraries: "Finding Owners of Copyright...

The online database Writers, Artists, and Their Copyright Holders is a guide run by the Harry Ransom Center at the University of Texas at Austin and the University of Reading to identify owners and contact information of copyright holders.  For example, it reveals that Sylvia Plath's copyrights are owned by her estate, which is represented by the London publisher of Faber & Faber."

U.S. Copyright Office Joins Message on International Women’s Day 2022; U.S. Copyright Office, Issue No. 948, March 8, 2022

U.S. Copyright Office, Issue No. 948 ; U.S. Copyright Office Joins Message on International Women’s Day 2022

"The U.S. Copyright Office has joined with national and regional intellectual property offices from around the world as well as with the World Intellectual Property Organization (WIPO) to issue a message in support of women creators and innovators. This year’s theme for International Women’s Day is “Gender Equality for a Sustainable Tomorrow.”"

Sunday, March 6, 2022

ResearchGate dealt a blow in copyright lawsuit; Nature, March 4, 2022

Diana Kwon, Nature; ResearchGate dealt a blow in copyright lawsuit

"A landmark court case in which two major academic publishers sued the popular website ResearchGate for hosting 50 of their copyrighted papers has come to a close — although both sides say that they will appeal. The court in Munich, Germany, has not only prohibited ResearchGate from hosting the papers, but also ruled that it is responsible for copyright-infringing content uploaded on its platform. The decision has the potential to set a precedent for further restrictions on the site, which has 20 million users worldwide."

Wednesday, March 2, 2022

David Boggs, Co-Inventor of Ethernet, Dies at 71; The New York Times, February 28, 2022

 Cade Metz, The New York Times; David Boggs, Co-Inventor of Ethernet, Dies at 71

Thanks to the invention he helped create in the 1970s, people can send email over an office network or visit a website through a coffee shop hot spot.

"David Boggs, an electrical engineer and computer scientist who helped create Ethernet, the computer networking technology that connects PCs to printers, other devices and the internet in offices and homes, died on Feb. 19 in Palo Alto, Calif...

Before becoming the dominant networking protocol, Ethernet was challenged by several other technologies. In the early 1980s, Mr. Metcalfe said, when Mr. Boggs took the stage at a California computing conference, at the San Jose Convention Center, to discuss the future of networking, a rival technologist questioned the mathematical theory behind Ethernet, telling Mr. Boggs that it would never work with large numbers of machines.

His response was unequivocal. “Seems Ethernet does not work in theory,” he said, “only in practice.”"

Tuesday, March 1, 2022

Moderna faces new lawsuit over lucrative coronavirus vaccine; The Washington Post, February 28, 2022

Yasmeen Abutaleb and Christopher Rowland, The Washington PostModerna faces new lawsuit over lucrative coronavirus vaccine

"Moderna faces yet another patent challenge over its coronavirus vaccine after Arbutus Biopharma and Genevant Sciences, both small biotechnology companies, filed a lawsuit on Monday alleging Moderna hijacked its technology to develop the multibillion-dollar vaccine."