Digital brain graphic on cover of BarNews April-May 2022

AI Inventors and More in New Issue of Bar News

What does AI (artificial intelligence) think about the prospect of AI? Well, according to an AI text generator, which responded to bits of text from Washington State Bar News Editor Kirsten Abel, our technological future is, at best, ominous:

“In 2015, worldwide spending on AI was $2.2 billion, a staggering sum, but now it’s on the way to $50 billion, predicts IDC (International Data Corporation). Indeed, it’s as if we have already entered an era of omnipresent artificial intelligence. One cannot hope to escape it.”

From a legal standpoint, however, AI will have a hard time getting past patent office red tape on its way to omnipresence. According to Leron Vandsburger’s assessment in the new issue of Bar News, AI systems have reached beyond their rudimentary beginnings “to a creative domain that—if practiced by a human—would be worthy of interpretation, analysis, examination, or critique.” The problem, however, is that copyright laws in many places don’t recognize non-human inventors.

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Warhol soup can parody from Wikimedia Commons

Warhol Foundation Doesn’t Benefit From ‘Plagiarist Privilege’

Andy Warhol Foundation for the Visual Arts, Inc. V. Goldsmith concerns whether the Andy Warhol Foundation (AWF) infringed the copyright held by Lynn Goldsmith in her photograph of the artist Prince, when it licensed Warhol’s version (“Orange Prince”) of Goldsmith’s photograph to the media company Condé Nast for a magazine cover. At issue was whether the fair use defense applies to appropriation. Rather than broadly refashion the law, the Court issued a narrowing interpretation of the first fair use factor, in the form of a new judicial test.

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Cover of June 2021 Bar News

What are NFTs? Find Out in the Latest Issue of Bar News

In the latest issue of Washington State Bar News, attorneys David Sheldon and Leron Vandsburger answer some key NFT questions and explain the rights that are transferred through an NFT transaction and what legal professionals should know before talking to a client about whether to get into NFTs.

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Abstract Technology Banner

How Legal Name Changes Affect the Patent Application Process

There are many reasons why an inventor might undergo a legal name change, whether as part of a marriage or divorce, as part of a gender transition, or out of a desire for a name that better reflects the inventor’s sense of self. Even though name changes are handed through state-level legal procedures, the United States Patent and Trademark Office (USPTO) has specific rules about using legal names that can result in costly delays or even an abandoned or invalidated patent if not followed. With the patent application process often taking several years, consistency of inventor naming and compliance with state-level rules about legal names is important to avoid issues down the road.

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