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We’re thrilled to welcome Matthew Blewitt to the Morningstar Law Group team! As a seasoned commercial litigation attorney in Raleigh, Matthew brings a wealth of experience and a client-centered approach to every case. His dedication to achieving favorable outcomes for clients, from Fortune 500 companies to local businesses, makes him a valuable addition to our firm. Welcome, Matthew!

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John then lays out the many difficulties courts and IP owners may encounter applying existing copyright law to generative AI. He walks through the recent history of generative AI lawsuits focused on training AI models and how even more recent cases have centered on claims related to outputs. In this sharply articulated work, John not only leans into case law germane to AI and copyright but examines current USPTO rulings and how these rulings may transition the protection of copyrights into the world of private enforcement. The article is a must-read for anyone in the AI space.

Click HERE to download a copy.

The post John Kivus’ Article on AI & Copyright Just Published by the UNC Journal of Law and Technology appeared first on Morningstar Law Group.

Chances are you know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet.  Enacted in 1998, the DMCA is more, however, with provisions scattered throughout the Copyright Act (the “Act”) addressing many copyright owner concerns.

One such provision comes into play once every three years.  Section 1201 of the Copyright Act prohibits circumvention of technological protection measures (“TPM”) associated with software and devices embodying software.  Many such TPMs are well known: password protection being the most commonplace.  All manner of digital locks are widely deployed by device manufacturers.  Subsection 1201(a)(1)(C) of the Act provides exemptions from circumvention prohibitions.  It mandates that the Librarian of Congress, advised by the Register of Copyrights, advised in turn by federal agencies and the public, shall determine triennially whether users of copyrighted works are, or are likely to be, adversely affected by the imposition of TPMs in the coming three-year period.  Not every circumvention is an infringement of copyright.  Section 1201 exemptions are intended to prevent unlawful expansion of a copyright owner’s monopoly to incorporate unprotected aspects of otherwise protectable computer programs like the data collected and stored in a software-assisted device.  Data is not subject to copyright protection.

Three years ago, in the eighth triennial DMCA rulemaking, the Librarian loosened the reins on the “Internet of Things” (defined online as “the interconnection via the Internet of computing devices embedded in everyday objects, enabling them to send and receive data”).  By way of example, access to computer programs contained in and controlling automobiles was previously restricted to authorized dealers and automobile owners for purposes of diagnosis, repair and modification of vehicles.  Whether independent vehicle repair shops had similar access remained unsettled.

Now there is support for resolving the access question.  Two federal agencies, the Federal Trade Commission (“FTC”) and Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”) recently submitted a joint recommendation to the Copyright Office supporting broadening exemptions from TPM-enhanced monopolies.  The Agencies claim that expanding repair-related exemptions would promote competition in markets for replacement parts as well as repair and maintenance services and facilitate competition in the market for repairable products.  Commerce in other fields, including among others medical data storage devices, would also be affected.

The exemptions proposed by the Agencies, if granted by the Librarian of Congress in this year’s rulemaking, would extend TPM-circumvention privileges previously granted to consumers for the repair and maintenance of “everyday objects” to users of industrial and commercial equipment as well.

The Agencies’ comment can be found at https://www.ftc.gov/system/files/ftc_gov/pdf/ATR-FTC-JointComment.pdf.

This client alert is for informational purposes only.  It is not intended to constitute legal advice.  In the event of a legal issue, we would need to evaluate all the facts in light of existing law in order to provide legal advice.

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Congratulations to our colleagues selected by their peers to Business North Carolina’s Legal Elite 2024! Pictured left to right, top to bottom: Chris Graebe, Litigation; Will Graebe, Young Guns; Shannon Joseph, Litigation; Gene Jones, Business; John Kivus, Intellectual; Molly Stuart, Real Estate; and Jennifer Van Doren, Intellectual.

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John Kivus, Morningstar Law Group partner focusing on IP and software litigation, will be among the featured panel of experts at the North Carolina Journal of Law and Technology (JOLT) annual symposium on January 26th. Co-sponsored by the UNC Graduate and Professional Student Government, the discussion will center around Reframing IP Rights in the AI Age. John will focus his remarks on copyright enforcement and the inherent risks for intellectual property owners in the failure to modernize copyright law in the expanding age of artificial intelligence.

A focused voice for his clients in software litigation and IP, John manages client trademark and copyright portfolios and ensures their IP rights are enforced and secure. He also prepares copyright and trademark registrations and renewals in jurisdictions where his clients are active or anticipating doing business and takes a special interest in the growing influence of AI in the intellectual property space.

The JOLT symposium will be held from 9:00 am to 1:00 pm (schedule below) on the 26th in room 5042 of the UNC Law School and will include lunch following the panel. You can RSVP using the QR code in the flyer (below) or via the following link: https://form.jotform.com/233547717267162.

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Morningstar Law Group is proud to have recently assisted its long-time Charlotte software company client Aceyus, Inc. with the sale of its business. Aceyus, a market leader in advanced data integration and analytics, announced in August that it has been acquired by Five9.

The Morningstar Law Group team was led by partners Gene Jones and Randy Whitmeyer.  Randy and Gene worked closely with Bowen, Aceyus’ financial advisor, on the transaction.

Morningstar Law Group has robust technology law and mergers and acquisitions practices and frequently represents companies involved in M&A matters.

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We are thrilled to announce that Chris Fulmer has been selected for inclusion in Best Lawyers 2024 in recognition of his exceptional work in Corporate Law. This distinction is a testament to Chris’s unwavering dedication, expertise, and contributions to the field. Join us in congratulating Chris on this well-deserved honor!

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