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What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI

The first 24 hours of punditry on Judge Stephanos Bibas’s summary judgment of no fair use in Thomson Reuters v. Ross Intelligence, Inc., Case 1:20-cv-00613-SB (D. Del.), has largely oscillated between predictions that the...more

Use of AI in Marketing and Digital Media - 2025 Playbook

Right now, we are all taking stock of the many important issues and challenges we saw crop up for clients last year, trying to predict what they will face in the coming year, and strategizing about how we can help....more

Warner Chappell Music, Inc. v. Nealy: Supreme Court Allows Retrospective Copyright Damages Beyond 3 Years Based on Discovery Rule

Ruling in favor of a Miami music producer, Sherman Nealy, over a song by rapper Flo Rida, the Supreme Court held on May 9 that there is no time limit for recovering monetary damages in copyright cases that are otherwise...more

[Podcast] Artificial Intelligence: Risks and Rewards

The pitfalls of modern technology have become clearer with the advent of generative AI, requiring companies to adopt AI usage policies. This year, our attorneys have seen noteworthy growth in requests for counsel involving...more

Everyone Should Pay Attention to the USCO’s AI NOI

There will be no special rules for your industry. What gets decided in the next six months to a year about artificial intelligence (AI) legislation, and regulatory action on copyrights and AI, will apply with equal force to...more

What Goldsmith Means to AI Trainers

The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more

The Other ‘Maybe’ Authors: Copyright Ownership for AI Trainers

Discussions held over the past several months regarding authorship of AI-generated works have suffered from at least two things—1) an outsized focus on whether the users of commercially available generative AI (GAI) can own...more

No, the Federal Circuit Did Not Just Kill Off Software Copyrights - Knock It Off

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance...more

Welcome to the Digital Transformation and Data Economy Newsletter – May 2021 Issue

At the heart of digital transformation is disruption. That doesn’t always mean the kind of “disruption” that is the darling of VCs and technology blogs. Sometimes, it just means chaos. The sudden influx of software and data...more

The New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation

The week of April 19 was an eventful one for practitioners following the evolution of potential artificial intelligence (AI) enforcement both in the United States and abroad, answering some questions regarding which...more

The US Supreme Court Decides Oracle v. Google—The More Things Change, the More They Stay the Same

The U.S. Supreme Court issued a remarkable opinion in the long-running dispute between Oracle America and Google over Google’s copying of Oracle’s Java SE API for use on the Android platform. ...more

Welcome to the Digital Transformation and Data Economy Newsletter

Welcome to the inaugural issue of Pivot. Accelerate. Transform., the Digital Transformation and Data Economy team’s newsletter. Across the economy, businesses are using digital technology to pivot into innovative service...more

Does Copyright Literally Protect Source Code Figuratively?

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

Accelerate: Getting to Your North Star Faster

In May, BakerHostetler’s new Digital Transformation and Data Economy (DTDE) team presented a four-part webinar series for business leaders that covered the legal implications surrounding COVID-19. Panelists, including...more

6/4/2020  /  Business Plans , Joint Venture

[Event] Who's in the Driver's Seat? What the Connected Car Shows Us About the Legal and Regulatory Issues of the Internet of...

The Internet of Things (IoT) is creating unprecedented opportunities and challenges – launching groundbreaking collaboration among disparate industries and generating insightful data from uncommon sources....more

The Give and Take of the 2015 Library of Congress Sec. 1201 Copyright Exemptions

I used to love working on cars. As a teenager I had a 1972 Karmann Ghia, which I could repair, MacGyver-like, with rubber bands, tinfoil, and sticks of chewing gum. But as automotive technology advanced, the prospect of...more

Drawing a Line in the Floor—Courts Are Struggling With the Overlap Between Design Patent and Copyright

In 2003 the U.S. Supreme Court in Dastar Corp. v. Twentieth Century Fox Film Corp. emphasized that “[t]he rights of a patentee or copyright holder are part of a ‘carefully crafted bargain,’… under which, once the patent or...more

What CLS Bank Taketh, Copyright May Giveth Back

Courts, commentators and clients will be struggling for some time to assess the impact on software patents of Thursday’s Supreme Court decision in Alice v. CLS Bank. Interpreted one way, the decision kills patents directed at...more

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