(Podcast) The Briefing: Who Owns What – Understanding Copyright in Collaborative Projects
Following panel rehearing, Tenth Circuit affirms district court’s grant of summary judgment in favor of Netflix and Royal Goode Productions on all claims regarding use of plaintiffs’ videos in hit docuseries Tiger King,...more
A New York State Supreme Court judge has ordered the restitution of “Seated Man with a Cane” (1918) by Amedeo Modigliani to the heirs of Oscar Stettiner, a Jewish art dealer who fled Paris in 1939 as Nazi forces advanced,...more
Leading up to this year’s Game Developers’ Conference, most legal conversations will focus on AI, IP ownership, and platform deals. But conference panels rarely discuss a major risk quietly hitting game studios: mass...more
In this crossover episode of The Upper Brand and Tech Talks, hosts Rich Assmus, Kristine Young, and Julian Dibbell explore how brand licensing functions as a capital-efficient growth strategy—accelerating entry into new...more
Artificial intelligence is changing the creative world faster than the law can keep up. Artists, designers, and meme creators are now using AI tools to brainstorm, illustrate, and even finish parts of their work. But the...more
You’re a marketing director — likely overcaffeinated, surely behind schedule, and your team is staring down a parade of deadlines for something — let’s call it “content,” a word that now covers every act of human (or...more
Who owns the rights when you co-create something? It’s not always as simple as you think. In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. explain copyright ownership in creative collaborations—and...more
With volatile market conditions and recent FDA shakeups, biotech companies are increasingly focused on bolstering cash runways and accelerating R&D efforts. But fierce competition for financing has some biotechs turning to...more
As more companies seek to spin out non-core businesses and the market for carve out divestitures heats up, counsel representing potential buyers and sellers should be prepared to identify and mitigate key risks that may arise...more
Dupes of original branded items present significant intellectual property (IP) challenges in the fashion industry. Not all fashion products are entitled to IP protection and perceived similarities between products do not...more
The U.S. Court of Appeals for the D.C. Circuit has affirmed a district court ruling that human authorship is a bedrock requirement to register a copyright, and that an artificial intelligence system cannot be deemed the...more
The use of artificial intelligence (AI) in the film and television industry in content creation raises many legal and business issues. One key issue is the ownership of the works generated using AI and the ability to register...more
To protect its data and better compete in the market, an organization must treat its data as an intellectual property. That means understanding the different intellectual property regimes and their accompanying requirements....more
Further to Woods Rogers’s recent e-alert, the U.S. Patent & Trademark Office (USPTO) issued guidance on the patentability of inventions developed using artificial intelligence (AI). The guidance—which has sparked a flurry of...more
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more
In addition to being developed in-house, intellectual property (“IP”) can obviously be acquired from third parties. IP acquisitions may be more germane now than in the recent past as developers race to create and monetize...more
With broad adoption of generative artificial intelligence tools, some commentators have suggested that trade secret law is the best means for protecting innovations. Looking to trade secret law to protect AI is facially...more
The United States Patent and Trademark Office (USPTO) recently issued its Inventorship Guidance for AI-assisted Inventions for determining inventorship where artificial intelligence (AI) is used during the invention process....more
We have become involved in an increasing number of disputes between companies and their former employees over ownership and use of personal social media accounts. In a typical situation, the employee will use their personal...more
For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more
On September 15th 2023, Governor Kathy Hochul signed into law an amendment to the New York Labor Law. The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees....more
As we’ve previously written, the rise of generative AI has led to a spate of copyright suits across the country. One major target of these suits has been OpenAI. Actor/comedian Sarah Silverman and author Paul Tremblay are...more
Key Points - On July 28, 2023, President Biden signed EO 14104, “Federal Research and Development in Support of Domestic Manufacturing and United States Jobs,” which aims to increase domestic manufacturing and...more
AI is already capable of doing all sorts of tasks that, until recently, could only have been done by humans. But if AI is working for you, could it be infringing others’ intellectual property rights? And might you be liable...more
Every patent names the individual or individuals who are credited with creating the invention claimed in the patent. Having incorrect names listed potentially risks both ownership and validity of the patent. With today’s...more