[Guest post by David Newhoff, author of The Illusion of More and Who Invented Oscar Wilde? The Photograph at the Center of Modern American Copyright.]
Just as it is folly to anthropomorphize computers and robots, it is also unhelpful to discuss the implications of generative AI in copyright law by analogizing machines to
The Top Copyright Cases of 2022
By Thomas James
My selections for the top copyright cases of the year.
“Dark Horse”
Marcus Gray had sued Katy Perry for copyright infringement, claiming that her “Dark Horse” song unlawfully copied portions of his song, “Joyful Noise.” The district court held that the disputed series of eight notes appearing in Gray’s song were not “particularly unique or…
New TM Office Action Deadlines
By Thomas James
by Thomas B. James (“The Cokato Copyright Attorney”)
Effective December 3, 2022 the deadline for responding to a U.S. Trademark Office Action is shortened from 6 months to 3 months. Here is what that means in practice.
Historically, applicants for the registration of trademarks in the United States have had 6 months to respond to…
MSCHF Testing the Limits of Free Speech
By Thomas James
The owner of a trademark has the exclusive right to use it in commerce. The scope of the right is geographically limited, but if it is registered with the USPTO, then the owner’s exclusive right extends throughout the entire United States. The United States Constitution, however, also protects rights of speech and press freedom. What…