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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.

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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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Artificial Intelligence (AI) has taken center stage in the global news, and our own Randy Whitmeyer recently was center stage at the Warwick Legal Conference in Cyprus. Randy and his fellow panelists discussed the evolving intersection of AI and the law. https://www.linkedin.com/posts/randywhitmeyer_lawandai-legalinnovation-thoughtleadership-activity-7063824570604011520-MlLN?utm_source=share&utm_medium=member_desktop

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What are the main challenges in the field of intellectual property law in the current global landscape?

As the metaverse expands and becomes more prevalent in our society, it is important to approach the concept of it as being “real” from a legal standpoint. While the metaverse may exist in the virtual world and whether you use it or not, the legal implications of its existence are very real. This makes for inevitable changes in IP and other related laws. Consequently, we will see that legal issues related to intellectual property, privacy, and virtual assets will continue to emerge.

What are your thoughts on artificial intelligence as it relates to intellectual property law? What, if anything, should people be aware of?

With the prevalence and expansion of artificial intelligence (AI) in our world today, users and attorneys ought to take into consideration the protection of intellectual property as it relates to AI. Take, for example, Boris Eldagsen, the photographer who submitted an AI-generated image (titled “Pseudomnesia: The Electrician”) to the recent Sony World Photography Awards and proceeded to win in the creative open category (which he then rejected). This begs the broader question of who owns the copyright in AI-generated work, particularly given Eldagsen’s claim of “co-creation” by him and AI of his award-winning image. Are the individual creator’s rights adequately protected? Protectability of IP created using AI raises complex legal issues that we should be thinking about, both as AI users as well as IP attorneys.

How do you stay up to date with changes in intellectual property law and regulations? Staying up to date with changes in laws and regulations is essential to effectively navigate the legal landscape, not only in the IP world (for example, in the privacy and data security space, as well).  I suggest subscribing to reputable newsletters and e-mail lists and keeping up with applicable caselaw. Joining associations such as the American Intellectual Property Law Association (AIPLA), the World Intellectual Property Organization (WIPO), the International Trademark Association (INTA), and the International Association of Privacy Professionals (IAPP) are also great ways to stay in the loop on all things Intellectual Property- and Privacy-related, respectively.

The post For World IP Day, Partner Richard Caira Shares Thoughts on IP Challenges & Developments appeared first on Morningstar Law Group.

Morningstar Law Group attorney Chris Fulmer was recently a guest on Warwick Legal Network’s Legal Coffee and discussed the EU-US personal data transfer framework and its challenges to the network’s clients.

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We are pleased to announce, a bit belatedly (we’ve been nose-down working hard for our clients), that Morningstar Law Group was named to the list of Best Law Firms for 2023. At the national level, we were recognized for our work in Land Use & Zoning Law. And at the metropolitan level, we were recognized for work across the following practice areas.

• Business Organizations (including LLCs and Partnerships)
• Commercial Litigation
• Commercial Transactions / UCC Law
• Copyright Law
• Corporate Governance Law
• Corporate Law
• Eminent Domain and Condemnation Law
• Employment Law – Management
• Labor Law – Union
• Land Use & Zoning Law
• Litigation – Antitrust
• Litigation – Intellectual Property
• Litigation – Labor & Employment
• Litigation – Land Use & Zoning
• Litigation – Mergers & Acquisitions
• Litigation – Real Estate
• Mergers & Acquisitions Law
• Real Estate Law
• Securities / Capital Markets Law
• Securities Regulation
• Venture Capital Law

This recognition is more about our clients than it is about our firm. Without them, we’d not have the opportunity to exercise our experience and knowledge on their behalf and to help them achieve their business goals.

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