In U.S., Only Humans Can Be Inventors or Creators
In the U.S., patents are issued to inventors and copyrights are registered to authors. Artificial intelligence (AI) has been gaining traction in automation of business processes, creating more...
Category: "copyright"
Senator Requests Study on Uniting Federal IP Offices Into Single Office
U.S. Senator Thom Tillis (R-NC) has requested the Administrative Conference of the United States, the federal agency tasked with making federal functions more efficient, to conduct a study into the...
Presidential Inauguration Day
This is something trivial, but important to the daily IP practice. Consistent with 5 U.S.C. §6103(c), which deems “January 20 of each fourth year after 1965, Inauguration Day, is a legal public...
Consolidated Appropriations Act of 2021
On December 27, 2020, the Consolidated Appropriations Act of 2021, the annual defense spending bill, was signed into law. Focused on COVID-19 relief and funding the federal government operations,...
Arguing Takings of IP Rights is, Sadly, a Losing Proposition
The Takings Clause of the Fifth Amendment states that private property “shall not be taken for public use, without just compensation.” Intellectual property rights – patents, trademarks, copyrights,...
Collecting Royalties Indicative of Authorship, not Work for Hire
On August 21, 2019, the Court of Appeals for the Second Circuit ruled in an interesting example of what is deemed “work for hire,” as defined by the Copyright Act, 17 U.S.C. §201(b), in Morricone...
Constitution Day
Today is Constitution Day. On this day, September 17, 1787, the U.S. Constitution was signed thirty-nine Founding Fathers, ushering the birth of the United States. Several clauses in the...
SCOTUS Watch: Costs Recovered Limited as Specified in Copyright Act
In the second copyright case decided by the U.S. Supreme Court on March 4, 2019, Rimini Street, Inc. v. Oracle USA, Inc., the high court dealt with the question of whether “full costs” is more than...
SCOTUS Watch: Registration Required Before Infringement Action
On March 4, 2019, the U.S. Supreme Court issued a pair of copyright decisions that will affect copyright owners’ ability to sue and recover in federal court. The first, Fourth Estate Public Benefit...
No Digital First Sale Doctrine, per Second Circuit
Technology has always been a few light years ahead of the law, and when the law catches up, tech usually has moved on to the next big thing. So, because of the glacial pace in which case law does...
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