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Showing posts from February, 2022

U.S. COPYRIGHT LAW DOES NOT RECOGNIZE WORKS CREATED SOLELY BY ARTIFICIAL INTELLIGENCE AS ELIGIBLE FOR PROTECTION.

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Thaler- The Entrance to Paradise Copyright laws have traditionally protected works created by humans. Recently, Stephen Thaler attempted to secure a copyright for a work generated by his AI. In the present case, he is the owner of a system called the “Creativity Machine,” while the AI itself is the claimed author of the artwork titled  “A Recent Entrance to Paradise.” The “Creativity Machine” is an AI system that autonomously creates original pieces of art from existing images using algorithms, without any human intervention. Thaler’s application for copyright registration of the AI-generated work was rejected by the United States Copyright Office (USCO). The USCO affirmed that copyright law protects only  "the fruits of intellectual labor"  that are  "founded in the creative powers of the [human] mind." Under  Section 306 of the U.S. Copyright Act , copyright protection extends to  “original works of authorship”  (17 U.S.C. § 102(a)). To qualify as a ...

A SILENT SHIELD OF PROTECTION: TRADE SECRETS

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Trade secret The term  “trade secret”  is not expressly defined in a singular, universal way, as it has evolved gradually at both the U.S. state and federal levels. It was first formally addressed in 1979, when the Uniform Law Commission published the  Uniform Trade Secrets Act (UTSA) . Later, in 2016, Congress enacted the  Defend Trade Secrets Act (DTSA) , which provided additional definitions and federal-level protection. Various judicial interpretations have followed, but certain core elements remain consistent across definitions. A  trade secret  generally refers to confidential information that drives a business’s success and includes the following elements: The information is secret or not publicly known. It provides economic value or a competitive advantage in the market. The owner has taken reasonable steps to maintain its secrecy. As a general principle, almost every company possesses some form of trade secret. Trade secrets can include  anyth...