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Text of the page (random words):
are patents trademarks back trademark index source materials back trademark source materials trademark statute trademark regulations tmep trademark manual of examining procedure paris convention treaty trademark devices strength of trademarks searching common law rights federal registration infringement dilution trademarks and the internet copyrights back copyright index source materials back copyright source materials copyright statute copyright regulations copyright cases obtaining copyrights unprotected works scope of protection limitations fair use notice registration duration ownership sale and licensing database protection mask works ai back artificial intelligence and the law patents and ai back patents and ai patenting ai section 101 eligibility ai invented inventions copyright protection for ai generated works introduction to ai training of chatgpt ai hallucinations ai lawsuits us ip office documents back us ip office documents pto guidance on ai assisted inventions pto example 39 copyright ai report 1 digital replicas copyright ai report 2 copyrightability blockchains back blockchains and the law blockchain index intro to blockchains blockchain patents smart contracts decentralized autonomous organizations non fungible tokens blockchain lawsuits medical devices back patents on medical devices medical device index medical device patent primer patent considerations for medical device types is my medical device worth patenting building a patent strategy for a medical device medical device patent attorney ip source documents back source document index statutes and regulations back statues and regulations patent statute america invents act trademark statute copyright statute patent regulations trademark regulations copyright regulations pto materials back pto materials mpep manual of patent examining procedure tmep trademark manual of examining procedure december 2014 guidance on section 101 case law back case law patent cases copyright cases internet cases treaties back treaties paris convention treaty patent cooperation treaty pct patent materials back patent materials patent statute america invents act patent regulations mpep manual of patent examining procedure pto examples pto guidance on ai assisted inventions patent cases paris convention treaty patent cooperation treaty pct trademark materials back trademark materials trademark statute trademark regulations tmep trademark manual of examining procedure paris convention treaty copyright materials back copyright materials copyright statute copyright regulations copyright cases bitlaw bitlaw guidance guidance index patent section 101 guidance patent filing guidance trademark guidance patents patent index section 101 section 101 index case law pto s mpep approach pto examples source materials index patent statute america invents act patent regulations mpep patent exam procedure pto guidance on ai assisted inventions pto examples patent cases paris convention treaty patent cooperation treaty pct obtaining a patent requirements patent searching provisional applications utility applications patent prosecution patent issuance patent rights design patents international patents software patents software patent index why patent computer software software is patentable software patents after bilski history of software patents bad software patents trademark index source materials trademark statute trademark regulations tmep tm exam procedure paris convention treaty trademark devices strength of trademarks searching common law rights federal registration infringement dilution on the internet copyright index source materials copyright statute copyright regulations copyright cases obtaining copyrights unprotected works scope of protection fair use notice registration duration ownership sale and licensing database protection mask works ai ai and the law index patents and ai patenting ai section 101 eligibility ai invented inventions copyright protection for ai generated works introduction to ai training of chatgpt ai hallucinations ai patents ai lawsuits us ip office documents pto guidance on ai assisted inventions pto example 39 copyright ai report 1 digital replicas copyright ai report 2 copyrightability blockchains blockchains and the law index intro to blockchains blockchain patents smart contracts daos nfts blockchain lawsuits medical devices medical device index patent primer patent considerations patenting decision patent strategy medical device patent attorney important copyright decisions bitlaw contains hypertext versions of important copyright cases this document contains a brief summary of the recent cases and links to those cases that have been added to bitlaw many of the internet cases on bitlaw are decided under copyright law but those cases are found in their own index you may wish to go directly to one of the topical subheadings for this index artificial intelligence assignment must be in writing compilations and databases originality requirement of feist fair use idea expression dichotomy no copyright protection for facts implied licenses internet and online service provider liability preemption software copyrightable elements and software non literal infringement software shrinkwrap licenses term extensions assignments of copyright effects associates inc v cohen 9th cir 1990 a standard practice in the movie industry that ignored the written assignment clause of the us copyright act was insufficient to avoid the written assignment requirement of 17 usc 204 konigsberg intern inc v rice 9th cir 1994 the written assignment requirement of 17 usc 204 is not satisfied by a writing written after the oral agreement would have terminated compilations and databases originality requirement of feist feist publications v rural telephone service co 6th cir 1996 in feist the supreme court rejected the sweat of the brow doctrine that provided copyright protection for databases and compilation based upon the effort use to created the compilation instead the court decided that compilations and databases are protected by copyright only when they are arranged and selected in an original manner although the level of originality needed is not very high the white pages of a phone books are not protectable because the selection of the data all customers in a geographic area and the arrangement of the data in alphabetical order were not sufficiently original as to come under the protection of the copyright act consequently the competing telephone directory publisher was allowed to extract all of the data from the white pages without liability for copyright infringement fair use sony corp of america v universal city studios supreme court 1984 the supreme court ruled that sony s betamax video recorder did not infringe on the copyright that universal held in its movies the court ruled that time shifting recording a video at one time and then playing it at another constitute a fair use harper row publishers inc v nation enterprises supreme court 1985 the supreme court held that the nation magazine s unauthorized publication of excerpts from president gerald ford s unpublished memoirs was not a fair use the case arose after harper row contracted with time magazine for the exclusive first serialization rights to the memoir before time could publish the nation obtained a pre publication copy and published approximately 300 words from the manuscript including verbatim quotes detailing ford s controversial pardon of nixon as a result time canceled its agreement and harper row sued for copyright infringement the court ruled in favor of harper row emphasizing that the right of first publication is a core right of copyright law although the excerpt was short the court found that it contained the heart of the work making the third factor amount and substantiality weigh against fair use crucially the court treated the unpublished status of the work as a key factor holding that the author s decision whether and when to publish is a protected interest the fourth factor market effect also weighed heavily against the nation since its actions caused the loss of a valuable licensing deal sega enterprises ltd v accolade inc 9th cir 1992 the ninth circuit court of appeals addressed whether accolade s reverse engineering of sega s video game software to create compatible games constituted fair use under the copyright act accolade had disassembled sega s object code to understand the functional elements necessary for compatibility with the genesis console subsequently developing its own games without copying sega s code the court evaluated this practice under the four statutory fair use factors balancing these factors the court concluded that accolade s reverse engineering was a fair use as it served a legitimate purpose of fostering competition and innovation without unfairly exploiting sega s copyrighted material campbell v acuff rose music inc supreme court 1994 the court found in that a commercial parody of the song pretty woman made without consent of the song s author roy orbison constituted a fair use and was not copyright infringement the court emphasized the transformative nature of the new work made by 2 live crew princeton university press v michigan document services inc 6th cir 1996 in this case a photocopying service was sued for copyright infringement for making coursepacks for students at the university of michigan coursepacks are a grouping of readings assigned by a professor that are copied and bound together by a commercial copyshop although a system is available for the payment of copyright fees to publishers that allow the copying of materials in a coursepack the copyshop in this case refused to pay such fees in response to the claim of copyright infringement the copyshop owner claimed that the creation of coursepacks for students was a fair use under the copyright act the sixth circuit in an en banc opinion analysed the fair use factors and found that there was no fair use sony computer entertainment v connectix corp 9th cir 2000 the ninth circuit found that connectix s reverse engineering of sony s playstation bios to create the virtual game station vgs an emulator enabling playstation games to run on personal computers was a fair use connectix had copied sony s bios software to understand its functional elements but did not include any of sony s code in its final product applying the fair use factors the court found connectix s use to be transformative as it enabled games to be played on a new platform provided a legitimate competitive product and served a beneficial public purpose by promoting innovation although connectix had copied sony s entire bios temporarily during development this was essential to access functional elements not protected by copyright additionally the emulator did not harm the market for sony s copyrighted works but instead expanded the audience for playstation games perfect 10 inc v amazon com inc 9th cir 2007 in this case an adult entertainment publisher sued google alleging that google s image search engine infringed on copyrighted photographs by creating and displaying thumbnail images without authorization the plaintiff argued that these thumbnails along with google s practice of linking to third party websites hosting infringing full size images constituted direct and contributory copyright infringement the united states court of appeals for the ninth circuit examined whether google s use of thumbnail images qualified as fair use under 17 u s c 107 the court determined that google s use was highly transformative as it provided a new and socially beneficial function by improving access to information on the internet the court also noted that while google s use was commercial the transformative nature of the use outweighed the commercial aspect regarding the potential market harm the court found that the plaintiff failed to show significant market harm resulting from google s use of the thumbnails authors guild v google inc 2nd cir 2016 the second circuit affirmed the district court s finding that the google book initiative which digitized millions of books to create a searchable database was not liable for copyright infringement because google s digitization and snippet display were transformative and constituted fair use the court highlighted that google s actions provided a public service by enhancing the availability of information without violating intellectual property law the court also addressed concerns about potential security risks and the distribution of digital copies to participating libraries concluding that these factors did not outweigh the fair use determination google llc v oracle america inc supreme court 2021 the supreme court determined that google s use of the declaratory code that oracle sun created as part of the api for java was a fair use this was true even though the code was implemented as part of the android operating system which was a huge commercial success for google the supreme court was influenced by the desire felt by google to make it easier for java programmers to learn android the court seemed to apply only thin copyright protection for this user interface code and used the fair use doctrine to keep this protection thin andy warhol foundation visual arts v goldsmith supreme court 2023 the supreme court held that the warhol foundation s licensing of warhol s orange prince image to condé nast did not qualify as fair use under copyright law the majority opinion emphasized that both warhol s work and goldsmith s original photograph served substantially similar commercial purposes as magazine portraits depicting prince rendering warhol s use insufficiently transformative the court underscored that simply adding new expression to an existing work does not automatically confer fair use protection particularly in commercial contexts where the works compete idea expression dichotomy no copyright for facts baker v selden supreme court 1880 this is the fundamental case in which the supreme court clearly distinguished between copyrightable expression and uncopyrightable ideas the court ruled that the forms or blanks in book outlining a new accounting system were unprotectable ideas the national basketball association v motorola inc 2nd cir 1997 the second circuit confirmed that statistics from an nba game are facts and therefore are not subject to copyright law implied licenses under copyright law effects associates inc v cohen 9th cir 1990 implied license was found in connection the creation of special effects footage used in a commercial movie no written contract was signed by the special effects company thus there was no assignment of copyright to the producer of the film in which the special effects footage was used however the court found that an implied license was created because the copyright owner intended that the defendant copy and distribute the footage it did not matter that the copyright owner was not fu...