Software, Intellectual Property Protection, The Copyright Act

No Copyright Protection for AI-Assisted Creations: Thaler v. Perlmutter

Carlton Fields on 3/27/2025

Dr. Stephen Thaler’s attempts to obtain intellectual property protection for artificial intelligence were once again shot down by the courts, when the U.S. Court of Appeals for the District of Columbia affirmed that the...more

The Precedent: Bitmanagement Software GmbH v. United States

Vorys, Sater, Seymour and Pease LLP on 1/23/2025

In this edition of The Precedent, we outline the recent federal circuit decision in Bitmanagement Software GmbH v. United States (Fed. Cir. Jan. 7, 2025)....more

Interoperability Doesn’t Imply Derivative Work

McDermott Will & Emery on 1/10/2025

The US Court of Appeals for the Ninth Circuit explained that to be a derivative work, a program interoperative with another must actually incorporate aspects of the underlying work. The Court further ruled that licensees of a...more

How Do We Protect Intangible Assets - A neutral’s perspective on how ADR may be impacted

JAMS on 11/20/2023

One may be surprised to learn that in 2020, according to a study on intangible assets undertaken by Ocean Tomo (Intangible Asset Market Value Study - Ocean Tomo), 90% of the value of S&P 500–listed companies was accounted for...more

Does Copyright Literally Protect Source Code Figuratively?

BakerHostetler on 10/12/2020

Learn how copyright can protect your software “Beyond Source Code” to cover both screen displays and UX, how the scope of software copyright law might impacted by the pending Supreme Court opinion in Oracle v. Google, and the...more

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

Orrick - Trade Secrets Group on 9/23/2016

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more