Protecting and Enforcing IP Rights in the Metaverse; The National Law Review, April 22, 2022

Anthony V. Lupo, James Williams, Dan Jason, ArentFox Schiff LLP, The National Law Review; Protecting and Enforcing IP Rights in the Metaverse

"Many brands have taken steps to proactively protect their intellectual property rights for use in connection with metaverse-related goods and services. This may include filing new trademark registrations or purchasing blockchain domains. But enforcing those rights poses a significant challenge. In this alert, we discuss ways to identify and combat trademark and copyright infringement in the metaverse.

What is The Metaverse?

The metaverse is a persistent, digital environment that will allow individuals to seamlessly transition between their physical and virtual worlds."

Trademark and copyright considerations for NFTs; Reuters, May 2, 2022

Sharon Urias, Reuters ; Trademark and copyright considerations for NFTs

"NFTs are mostly used to verify ownership of digital goods. An easy way to understand NFTs is to think of them as unalterable certificates of authenticity for digital goods. For example, if someone purchases a piece of digital art, the NFT acts to validate and verify ownership and authenticity of the artwork. In the "real world," the closest analogy is an autographed original painting that is authenticated by the artist's signature or a certificate of authenticity issued by a reputable source...

One common question asked by clients is whether, when they purchase NFTs, they also obtain the copyright associated with it. The answer is: Not necessarily. It is important to understand what is included in the smart contract that confers the purchaser's rights to the digital asset. Similar to the purchase of a physical painting in our analogy above, although the purchaser has acquired the right to display the work, and to resell it, ownership of the copyright is not automatically conveyed.

The artist owns the copyright unless the author assigns it to the purchaser...

NFTs present interesting and novel questions for trademarks as well...

One of the questions to be resolved is whether traditional trademark legal doctrines, such as the first-sale doctrine, protects a seller, such as StockX, or whether the NFTs are new, distinct products that seek to capitalize on the trademark owners' marks...

It is always challenging for the law to keep pace with the expansion and development of new technologies and innovations. It is no different with NFTs. With the increased growth of NFTs, the need for protection also grows. Although NFTs present many opportunities for businesses, it is essential that NFT sellers clearly delineate in the smart contract what is and is not permitted with respect to intellectual property rights. In that way, both NFT sellers and buyers will be able to protect themselves and best monetize these assets."

"All of the Marvels": Author Douglas Wolk on the "biggest story ever told"; CBS News, May 1, 2022

CBS News; "All of the Marvels": Author Douglas Wolk on the "biggest story ever told"

"Since the Dawn of Time (technically, the 1960s, to be precise), a tale has been building: a single connected narrative involving thousands of characters, and millions of pages of comics. The Marvel Universe, says writer Douglas Wolk, contains the biggest story that has ever been told. "It all happens in the same setting," he said. "Stories that happened in 1961 or 1962 have consequences in comics that are coming out this week."

Wolk, a Marvel expert, patiently explained to correspondent Luke Burbank (a non-comic-book person) that Marvel might be the longest-running and most voluminous story told in human history … and it's all connected, meaning if The Hulk stubbed his toe back in 1979, Captain America could be dealing with the consequences in 2022.  

"All of those events are its history, its past, what it can draw on for this perpetually-evolving story," said Wolk. "Not just a continuous story going on for six decades, but the continuous story going on in many, many threads at once that can cross each other at any time.""

Find Yourself in Copyright Exhibit; U.S. Copyright Office

 U.S. Copyright Office; Find Yourself in Copyright Exhibit

"Copyright serves all of us, incentivizing creation and enriching our culture. Find Yourself in Copyright explores how U.S. copyright law has evolved and how the millions of copyright claims registered with the Office illustrate the varied nature of original works. Based on the exhibit located at the Copyright Office, here, you will learn about the story of copyright in the United States and the Copyright Office’s key role. 

Interested in more? Explore the resources on our History and Education page, follow our Copyright: Creativity at Work blog, and when the Madison Building in Washington, DC, reopens to the public, be sure to visit our exhibit on the fourth floor."

Find Star Wars in Copyright; Library of Congress, May 4, 2022

 Alison Hall, Library of Congress; Find Star Wars in Copyright

"If you’ve ever watched The Big Bang Theory, you know that the guys are obsessed with Star Wars. In one episode, Leonard suggests a Star Wars marathon weekend to Sheldon, who replies with “Movies or video games? Or board games? Or trading card games? Or Legos? Or dress up? Or comic books? Or dramatic readings of novelizations? Yes to all!” They settle on the online game. The scene just scratches the surface of all the Star Wars derivative works, many of which I owned “A long time ago in a galaxy far, far away. . . .” (or, more accurately, forty-some years ago in Pittsburgh).

So, just how many hits do you think searching “Star Wars” gets in the Copyright Public Records System? On this Star Wars Day, I got more than 8,400. Now, not all of them are related to the first Star Wars movie, registered by Twentieth Century-Fox in 1977—for example, some are about the star wars defense system from the 1980s. But most are on topic, and several can be seen in the Find Yourself in Copyright exhibit."

Chinese hackers took trillions in intellectual property from about 30 multinational companies; CBS News, May 4, 2022

 NICOLE SGANGA, CBS News; Chinese hackers took trillions in intellectual property from about 30 multinational companies

"A yearslong malicious cyber operation spearheaded by the notorious Chinese state actor, APT 41, has siphoned off an estimated trillions in intellectual property theft from approximately 30 multinational companies within the manufacturing, energy and pharmaceutical sectors.

A new report by Boston-based cybersecurity firm, Cybereason, has unearthed a malicious campaign — dubbed Operation CuckooBees — exfiltrating hundreds of gigabytes of intellectual property and sensitive data, including blueprints, diagrams, formulas, and manufacturing-related proprietary data from multiple intrusions, spanning technology and manufacturing companies in North America, Europe, and Asia. 

"We're talking about Blueprint diagrams of fighter jets, helicopters, and missiles," Cybereason CEO Lior Div told CBS News. In pharmaceuticals, "we saw them stealing IP of drugs around diabetes, obesity, depression." The campaign has not yet been stopped.

Cybercriminals were focused on obtaining blueprints for cutting-edge technologies, the majority of which were not yet patented, Div said.

The intrusion also exfiltrated data from the energy industry – including designs of solar panel and edge vacuum system technology. "This is not [technology] that you have at home," Div noted. "It's what you need for large-scale manufacturing plants.""

Hawley to introduce legislation targeting Disney copyright protections; Washington Examiner, May 2, 2022

 Zachary Halaschak, Washington Examiner ; Hawley to introduce legislation targeting Disney copyright protections

"The copyright on Disney’s classic Steamboat Willie Mickey Mouse, the first iteration of the character, is set to expire at the end of 2023, and Rep. Jim Banks (R-IN) recently wrote to Disney CEO Bob Chapek telling him that he and some other GOP lawmakers oppose “further extensions applicable” to the company’s copyrights. Banks argued those should become public domain. 

Republicans in both Florida and Washington, D.C., have been upset about Disney’s public lobbying against the Florida legislation, which is called the Parental Rights in Education bill but has been branded the “Don't Say Gay” bill by critics. The legislation bans classroom instruction of sexual orientation and gender identity through the third grade. 

Disney has successfully lobbied for copyright extensions in the past. Disney pushed for the Copyright Act of 1976 and then worked to get the Copyright Term Extension Act of 1998 signed into law. Detractors of the latter bill had branded it the “Mickey Mouse Protection Act.”...

Rep. Lauren Boebert (R-CO) also recently tweeted, “Next year, the woke Disney lobbyists will ask Congress to extend Micky Mouse’s trademark. I think not.”"

Most. Important. Copyright. Fair. Use. Case. Ever! JDSupra, April 13, 2022

Bruce Ewing, Dorsey & Whitney LLP; JDSupra; Most. Important. Copyright. Fair. Use. Case. Ever!

"What makes Warhol Foundation arguably the most important fair use case of all time is that the holdings of Campbell and Google have been characterized as being limited to parody and software, respectively, and sometimes not applied in other contexts. But Warhol Foundation is a case in which one artist made alterations to the work of another to create a new work with a concededly different message. If that new work is deemed to be a fair use of the prior work as a matter of law, then the fair use defense is likely to be broadened significantly across a wide range of artistic categories and fact patterns."

The Seizure of Jewish Intellectual Property Ahead of World War II; Library of Congress, April 28, 2022

Steve Andreadis, Library of Congress; The Seizure of Jewish Intellectual Property Ahead of World War II

"The following is a guest post by Marilyn Creswell, information resources assistant at the University of Michigan Law School. She served as Librarian-in-Residence at the U.S. Copyright Office from July 2020 to April 2021.

As the United States enters the Days of Remembrance of the Victims of the Holocaust, we remember the many hardships Jewish people have overcome. In this blog we specifically explore the lesser-known area of intellectual property (IP) leading up to and during World War II. Beginning in 1933, the Nazi German state began pressuring Jewish business owners to sell their businesses far below market value. By 1938, a majority of Jewish-owned businesses were already sold or out of business when this process, called Aryanization, became compulsory after Kristallnacht.¹ As part of the seizure of businesses and personal property, the ability of Jewish people to benefit from their intellectual property was also severely restricted. A 1939 executive order required all Jewish men to add “Israel” as a second name and women to add “Sara.”² This made it easier for Nazi officials to deny intellectual property registrations and renewals to Jewish applicants, cutting them off from the IP system.³ While the loss of IP rights pales in comparison to the horrific death tolls during World War II, its loss is another indignity the Jewish people suffered and source of wealth extracted at the hands of the Nazis.

In some instances, works by Jewish authors were nearly completely reproduced and distributed by others without their consent. One example of an Aryanized work is Alice Urbach’s So kocht man in Wien!, a Viennese cookbook. Urbach was forced to transfer the rights to her book, which was then republished with new authorial credit to “Rudolf Rösch.” The new work kept most of the original texts and photographs of her cooking demonstrations but removed elements celebrating Vienna’s diversity.⁴ In the field of medicine, Dr. Josef Löbel’s Knaurs Gesundheitslexikon was a health encyclopedia that, after the Otto Liebmann publishing house was taken over by a Nazi publisher, was republished by the author Herbert Volkmann under the pseudonym “Peter Hiron.” Volkmann even added new sections on race, homosexuality, and prison psychology. He similarly usurped authorship for Dr. Walter Guttman’s Medizinische Terminologie and its ongoing publications.⁵

Public domain works were revised to remove references to Jewish people and culture. For example, Fritz Stein presented a new version of Handel’s Occasional Oratorio (Gelegenheits Oratorium) in 1935 that added state-promoting verses and removed references to Jacob, Jehovah, and the full aria “When Israel, like the bounteous Nile.” In 1941, Handel’s Jephtha was renamed Das Opfer and changed so its Jewish history was reframed as a broader narrative about nationalism. The text of his Judas Maccabeus was not only rewritten to omit Jewish references, but it went so far as to make it into a “patriotic fold oratorio” and eventually transplanted Judas with a Field Marshall, a powerful military dictator analogous to the Führer.⁶ Also in 1941, all theatrical productions required permission from the Reich Dramaturgy, which banned Shakespeare’s historical plays but encouraged the broadcast and production of the anti-Semitic Merchant of Venice.^7"

Google honors the Black inventor who likely inspired the phrase 'the real McCoy'; NPR, May 2, 2022

Joe Hernandez, NPR ; Google honors the Black inventor who likely inspired the phrase 'the real McCoy'

"Pull up Google on Monday, and you'll see a doodle of a Black man next to a stack of patents, gazing at an old-fashioned train.

That's Elijah McCoy, the revolutionary Black inventor who was born 178 years ago today...

McCoy patented his invention in 1872 and continued to improve on the design."

China Continues to Fall Short of Promises to Protect Intellectual Property, U.S. Says; The New York Times, April 27, 2022

 Ana Swanson, The New York Times; China Continues to Fall Short of Promises to Protect Intellectual Property, U.S. Says

"The Office of the United States Trade Representative criticized China, Russia and other countries on Wednesday for continuing to fall short of promises to protect intellectual property in a report that cataloged various infringements by America’s trading partners.

The annual report placed 27 trading partners on so-called watch lists for intellectual property infringement, and labeled Argentina, Chile, China, India, Indonesia, Russia and Venezuela as being on a “priority watch list” of countries that had the most egregious practices or the biggest effect on U.S. businesses...

China remains the largest single source of counterfeit and pirated goods, accounting for more than 83 percent of what global authorities seized in 2020, the report said. That included medical products like Covid-19 testing kits, N95 respirator masks, sanitizers and disinfectants."

The CASE Act for Libraries and Archives; Library of Congress; May 2, 2022

Holland Gormley, Library of Congress ; The CASE Act for Libraries and Archives

"Calling all libraries and archives! You may have heard about the CASE Act and the establishment of the Copyright Claims Board, or CCB for short, a new forum for resolving copyright disputes involving damages of up to $30,000, staffed by experts in copyright law. But did you know that qualifying libraries and archives can preemptively opt out of participating in the CCB even before any claim is brought against them? Here is what you need to know.

The Basics 

The Copyright Office respects the important roles that libraries and archives play in our society. In fact, libraries and archives enjoy certain exemptions under copyright law, like lending hard copies of works to patrons or to other libraries. Libraries and archives also enjoy the unique opportunity to preemptively opt out of future CCB proceedings if they so choose. In other words, these organizations can decide that they will not participate in any claims brought against them in the CCB, so that copyright claims against them can only be brought in federal court. Libraries and archives are not required to preemptively opt out of proceedings. In fact, they may wish to not preemptively opt out, since the CCB is more cost-effective than federal court, and all claims are decided by three officers with copyright law expertise.

Who Is Covered 

Libraries or archives that qualify under 17 USC § 108 can elect to preemptively opt out. The preemptive opt out will apply not only to the institution but also to any employees acting within the scope of their employment. This means, if the institution has preemptively opted out, the CCB will not allow copyright claims against them or their employees to proceed.

How to Preemptively Opt Out

The process is simple. To preemptively opt out, libraries and archives must submit a form on ccb.gov and self-certify their qualifying status. Afterward, the institution will be added to a publicly available list on ccb.gov and will never be asked to participate in any future CCB proceedings. There is no fee associated with doing so, and the status does not need to be renewed. However, it should be noted that if a claimant serves a claim before the preemptive opt-out is posted online, the institution should then follow the directions provided in the served notice to opt out of that claim.

If the Library or Archives Does Not Preemptively Opt Out

Participation in a CCB proceeding is voluntary for everyone. Libraries and archives that do not preemptively opt out can still opt out of participating in a CCB proceeding on a claim-by-claim basis. Libraries and archives, like any other potential CCB participant, should consider the pros and cons of using the CCB as an alternative to federal court litigation. You can learn more about the claim-by-claim opt-out process at ccb.gov.

Ready for more? Visit ccb.gov for more information on the preemptive opt-out option."

Neal Adams, Comic Book Artist Who Revitalized Batman and Fought for Creators’ Rights, Dies at 80; The Hollywood Reporter, April 29, 2022

Borys Kit, The Hollywood Reporter; Neal Adams, Comic Book Artist Who Revitalized Batman and Fought for Creators’ Rights, Dies at 80

"Adams also worked tirelessly to promote better working conditions and, radically at the time, creators’ rights, especially for their work. He early on recognized the value of creators and was a thorn in the side of publishers, demanding compensation for himself and others when their characters were adapted off the page.

He, along with Stan Lee, formed the Academy of Comic Book Arts, hoping to start a union that would fight for benefits and ownership on behalf of writers and artists. Lee wanted an organization that was more akin to the Academy of Motion Picture Arts and Sciences, and the two parted ways.

In the late ’70s, when a new federal work-for-hire law was being enshrined, Marvel and then editor-in-chief Jim Shooter distributed contracts that stated freelancers could not assert copyright over their creations. As detailed in Reisman’s 2021 Lee biography, True Believer, Adams sent around a copy of the contract, scrawling on top, “Do Not Sign This Contract! You Will Be Signing Your Life Away!” While it caused a ruckus and awareness, the effort didn’t have its intended effect as Marvel flexed its muscle and threatened anyone who tried to unionize with a drying up of the freelance well."

World IP Day 2022—IP and Youth: Innovating for a Better Future; Library of Congress, April 26, 2022

 Alison Hall, Library of Congress; World IP Day 2022—IP and Youth: Innovating for a Better Future

"The U.S. Copyright Office joins intellectual property organizations around the world in celebrating World Intellectual Property Day. The theme, set by the World Intellectual Property Organization (WIPO), is IP and Youth: Innovating for a Better Future. In announcing the theme, WIPO states: “World Intellectual Property Day 2022 is an opportunity for young people to find out how IP rights can support their goals, help transform their ideas into reality, generate income, create jobs, and make a positive impact on the world around them. With IP rights, young people have access to some of the key tools they need to advance their ambitions.”

Everyone, no matter their age, is a creator. And under U.S. copyright law, there is no minimum age to create a copyright-protected work and have the work registered with the Copyright Office. The Office’s exhibit, “Find Yourself in Copyright,” highlights Meghan, the Duchess of Sussex’s work A Face without Freckles . . . Is a Night without Stars, which she created as part of an eighth-grade school project in 1996 and registered with the Copyright Office as a high school student."

AI and Copyright in China; Lexology, April 15, 2022

 Harris Bricken - Fred Rocafort, Lexology; AI and Copyright in China 

"In the landmark Shenzhen Tencent v. Shanghai Yingxun case, the Nanshan District People’s Court considered whether an article written by Tencent’s AI software Dreamwriter was entitled to copyright protection. The court found that it was, with copyright vesting in Dreamwriter’s developers, not Dreamwriter itself. In its decision, the court noted that “the arrangement and selection of the creative team in terms of data input, trigger condition setting, template and corpus style choices are intellectual activities that have a direct connection with the specific expression of the article.” These intellectual activities were carried out by the software developers.

The World Intellectual Property Organization (WIPO) has distinguished between works that are generated without human intervention (“AI-generated”) and works generated with material human intervention and/or direction (“AI-assisted”). In the case of AI-assisted works, artificial intelligence is arguably just a tool used by humans. Vesting of copyright in the humans involved in these cases is consistent with existing copyright law, just as an artist owns the copyright to a portrait made using a paintbrush or a song recorded using a guitar. The scenario in the Tencent case falls in the AI-assisted bucket, with Dreamwriter being the tool." 

Save America’s Patent System; The New York Times, April 16, 2022

THE EDITORIAL BOARD, The New York Times; Save America’s Patent System

"Let the public participate. For too much of its history, the patent office has treated inventors and companies as its main customers while all but ignoring the people whose lives are affected by patenting decisions. That needs to change. Officials can start by appointing more public representatives to the patent office’s public advisory committee. Right now, six of the committee’s nine members are attorneys who represent commercial clients or private interests; only one works in public interest.

Officials should also establish a public advocate service similar to the one that exists at the Internal Revenue Service and should make a concerted effort to ramp up their public outreach. “The patent system has gotten so complicated that it’s impossible for anyone who’s not an inventor or a lawyer to penetrate it,” said Mr. Duan.

The patent system affects everyone, though. It’s time the people in charge of it recognize that."

California police department investigates officers blaring Disney music; The Guardian, April 15, 2022

Maya Yang , The Guardian; California police department investigates officers blaring Disney music

"A California police department has launched an investigation into its own officers who were filmed blaring copyrighted Disney music in attempts to prevent residents from recording them...

The incident reflects an apparently growing trend in which police officers play copyrighted music in order to prevent videos of them from being posted on to social media platforms such as YouTube and Instagram, which can remove content that includes unauthorized content."

Ed Sheeran now films “every single writing session” to prevent future copyright cases; NME, April 11, 2022

 Elizabeth Aubrey, NME; Ed Sheeran now films “every single writing session” to prevent future copyright cases

"Ed Sheeran has said that he now films “every single writing session” to prevent future copyright cases into his songs."

Copyright Office Launches New Copyright Claims Board Website; U.S. Copyright Office, April 7, 2022

Issue No. 954 - April 7, 2022, U.S. Copyright Office; Copyright Office Launches New Copyright Claims Board Website

"Today, April 7, 2022, the U.S. Copyright Office launched ccb.gov, a website serving as a gateway to the first copyright small-claims tribunal in the United States, the Copyright Claims Board (CCB). The launch of ccb.gov is a major milestone toward the full opening of the CCB to creators and users of copyrighted materials later this spring. 

The website is the new online home of the CCB and is focused on helping everyone understand the mission and the processes of the CCB. Once the CCB starts hearing claims later this spring, ccb.gov will become the primary location for information about filing and responding to claims, opting out of a proceeding, accessing the CCB’s Handbook, and contacting the CCB with questions.

The new website features clear, helpful information about the CCB, including what potential claimants and respondents need to know about CCB proceedings. The website will also host the CCB’s Designated Service Agent Directory, the list of libraries and archives that have preemptively opted out of CCB proceedings, and updates on the status of CCB-related rulemakings.

The CCB’s Designated Service Agent Directory is a public directory in which corporations, partnerships, and unincorporated business entities can designate an individual to receive service of the initial notices of all proceedings and claims asserted against them before the CCB. The directory is now accepting submissions and will be regularly updated. Please note that this directory is different from the existing section 512 designated agent directory under the Digital Millennium Copyright Act (DMCA).

The CCB’s Libraries and Archives page will feature a public list of the libraries and archives that have preemptively opted out of CCB proceedings. A form for libraries and archives to preemptively opt out is now available on ccb.gov, and the list of libraries and archives, when compiled, will be regularly updated. A library’s or archives’ opt-out election also covers those entities’ employees acting within the scope of their employment.

Please bookmark ccb.gov for future reference."

Jacklyn Napier Named Assistant Register and Director of Operations of the U.S. Copyright Office; U.S. Copyright Office, Issue No. 953 - March 29, 2022

 U.S. Copyright Office; Jacklyn Napier Named Assistant Register and Director of Operations of the U.S. Copyright Office 

"Register of Copyrights Shira Perlmutter has announced the appointment of Jacqueline “Jacklyn” Napier as Assistant Register and Director of Operations of the United States Copyright Office, effective March 27, 2022. Napier will have responsibility for an extensive portfolio of financial, budget, and operational issues for the Office. 

“I am pleased to welcome Jacklyn to her new position,” said Perlmutter. “She brings to the Copyright Office deep skills in financial and budget management and internal control operations. She will be an important addition to our senior management team.”

Napier comes from the Department of the Navy, where she served as integrated risk management program manager and as deputy director of financial operations, leading enterprise financial accounting and internal control operations for nineteen budget offices. Previously, she held several senior positions, including acting director and deputy director of financial operations and deputy chief financial officer, with the U.S. Coast Guard and U.S. Customs and Border Protection, both in the Department of Homeland Security. There she provided financial reporting, audit remediation, internal controls, financial systems management, and policy advice. She has also led business transformation, including projects involving financial systems modernization, and has experience in risk management. 

Napier is a certified public accountant and chartered global management accountant. She earned a bachelor of science in accounting from the University of Colorado and an executive master’s degree in public administration with honors from American University. 

Napier succeeds Jody Harry, who provided outstanding service as the first Assistant Register and Director of Operations and retired in November 2021. Maria Strong has served in an acting role in the interim period."

Senate Approves Kathi Vidal for Patent and Trademark Office; Bloomberg Law, April 5, 2022

 Samantha Handler, Bloomberg Law; Senate Approves Kathi Vidal for Patent and Trademark Office

"Kathi Vidal, President Joe Biden’s pick to lead the U.S. Patent and Trademark Office, was confirmed by the Senate by voice vote on Tuesday.

Vidal is the second woman to hold the dual roles of under secretary of Commerce for intellectual property and USPTO director. She brings experience as a litigator who’s been on both sides of patent disputes, most recently as managing partner of Winston & Strawn LLP’s Silicon Valley office.

She’s also the first Senate-confirmed director since the U.S. Supreme Court ruled last year in United States v. Arthrex Inc. that the patent office leader has the power to overturn decisions of the Patent Trial and Appeal Board, a tribunal that reviews the validity of issued patents...

With a permanent leader, the PTO could also provide guidance on issues such as patent eligibility under Section 101 of the Patent Act and proposed policy changes on patents essential to industry standards, retired Federal Circuit Judge Kathleen O’Malley told Bloomberg Law in March. 

Additionally, Vidal will have the opportunity to move forward policy to increase the number of women and minority patent attorneys in patent tribunal appearances, and oversee the PTO’s ongoing efforts to increase gender and racial diversity in inventorship."

After 61 Years, McDonald's Just Revealed Some Big Plans That Nobody Could Have Predicted; Inc., April 2022

BILL MURPHY JR., Inc.; 

After 61 Years, McDonald's Just Revealed Some Big Plans That Nobody Could Have Predicted

A lot has changed since May 4, 1961.

"This is a story about McDonald's, trademarks, and the metaverse--plus, how to find good ideas for your business with almost no effort.

Let's start by explaining where to look: Go to the website for the U.S. Patent and Trademark Office. Click through to the Trademark Electronic Search System.

Then, look up your competitors. Or else, search for companies that strike you as innovative and creative, or that are big enough to invest a lot into research and design and marketing.

You might be amazed at what you'll find."

Three Ways Meghan Markle Shows Us That Copyright Registration Is for Everyone; The Library of Congress, March 31, 2022

Ashley Tucker, The Library of Congress; Three Ways Meghan Markle Shows Us That Copyright Registration Is for Everyone

"You are a creator. You are a copyright owner. You are a user of copyright. Copyright law encourages all walks of human life to express their creativity. Meghan, The Duchess of Sussex, is a prime example of just how wide copyright law’s inclusivity stretches and proves that registration is within reach for all of us.

Here are three ways Meghan Markle shows us that copyright registration is truly for everyone:"

Sound familiar? Taking songwriters to court; CBS News, April 3, 2022

CBS News; Sound familiar? Taking songwriters to court

"Sound familiar? Taking songwriters to court

When two songs share a melody, some chords, or even just a vibe, can the songwriter be taken to court? Correspondent David Pogue looks at how music copyrights have become an increasingly disharmonious area of litigation."

How a Dracula Lawsuit Helped Create the Modern Vampire; CBR, April 2, 2022

 CARLOS T. LOPES, CBR; How a Dracula Lawsuit Helped Create the Modern Vampire

"Dracula and the elements that make a vampire didn't all come from Bram Stoker's novel. After Nosferatu first premiered in Germany, exactly 100 years ago, Florence Stoker, the author's widow, attempted to sue the filmmakers over a freely adapted script, later creating a copyright lawsuit nightmare that almost killed the movie. The aura around this subject fascinated audiences and artists, which created the lore that defines modern vampires today."

She Took the White House Photos. Trump Moved to Take the Profit.; The New York Times, March 31, 2022

Eric Lipton and Maggie Haberman , The New York Times; She Took the White House Photos. Trump Moved to Take the Profit.

"There is no legal prohibition on Mr. Trump assembling and publishing photographs that a White House staff member took during his tenure; under federal law, those photographs are considered in the public domain and not subject to copyright. There is a public Flickr account, now managed by the National Archives, that has 14,995 photos from the Trump White House, a third of them listing Ms. Craighead as the photographer."

Open source intelligence observers gain growing role in how war is viewed; Stars and Stripes, March 29, 2022

ALISON BATH, Stars and Stripes ; Open source intelligence observers gain growing role in how war is viewed

"Citizen intelligence analysts are spotlighting the Russian navy’s role in its war on Ukraine, using publicly available information to report on missile launches, blockades and other actions in the Black and Mediterranean seas.

The information gathered using open-source intelligence, or OSINT, offers a glimpse into Russia’s maritime war activities and sometimes challenges information released by government sources.

Dozens of private citizens are parlaying their prior military experience, specialized knowledge of the Russian navy and online information-mining skills into robust, almost-real-time coverage of Russia’s full-scale invasion, which began Feb. 24."

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 Law; Online 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."

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.”"

"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.”"

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."

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.”"

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

Yasmeen Abutaleb and Christopher Rowland, The Washington Post; Moderna 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."