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Intellectual Property Legal News
In-house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review online edition.
Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.
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In Music Copyright Row, The Supreme Court Remixes the Three-Year Limit on Copyright Damage Claims
On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of limitations.
Any civil action under the Copyright Act must be "commenced within three years after the claim accrued." 17 U.S.C. § 507(b). A circuit split had developed as to when a copyright infringement claim accrues. In some circuits, courts had held that a copyright infringement claim accrues when an infringing act occurs. Other circuits, including the Sixth Circuit, had held that a copyright infringement claim accrues when "the plaintiff discovers, or with due diligence should have discovered" the infringing act, known as the discovery rule.
More on Music Copyright Row Here >
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The USPTO’s Proposed Terminal Disclaimer Rule Change: It’s Radical, But Is It Legal?
In a May 10, 2024, Notice of Proposed Rulemaking (NPRM), the USPTO proposed sweeping changes in the rules governing the filing of terminal disclaimers. If the USPTO implements the proposed changes, entire patent families could be wiped out if just one claim of one patent in the family is found invalid over prior art. Patent owners could have a lot more to worry about than just preserving common ownership of terminally disclaimed patents. The public hue and cry thus far have been significant.
More on USPTO Proposed Changes Here >
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USPTO Issues Guidance on Use of AI-Based Tools
On April 11, 2024, the U.S. Patent and Trademark Office (USPTO) issued Guidance on Use of Artificial-Intelligence-Based Tools (Guidance), which applies existing rules and policies to the use of artificial intelligence (AI) in practice before the USPTO. The Guidance was issued pursuant to President Biden’s October 2023 “Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” which calls on government departments and agencies to enact and enforce protections against AI-related harms. Multiple agencies have now issued guidance under the executive order.
More on USPTO Guidance on AI Here >
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George Carlin Was Funny – Copying His Likeness AIn’t – Estate Settles AI-based Copyright Claims
According to published reports, George Carlin’s estate settled right of publicity and copyright claims relating to an AI-scripted comedy special using a “sound-alike” of George Carlin which performed the generated script. The special – “I’m Glad I’m Dead” sought to reflect how Carlin would have commented on current events since his death in 2008. While most of the settlement terms are confidential, it is significant as one of the first resolutions of a case involving these issues. According to plaintiff’s lawyer, the defendants agreed to permanently remove the comedy special and to never repost it on any platform.
More on George Carlin Copyright Claims Here >
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