BW INSIGHTS

Who Owns the Rights to Content Created by Artificial Intelligence Generators?

By Daniel M. Blakeslee | 09.21.2023

It is an open question as to who owns the rights to content that is at least in part generated by Artificial Intelligence. This could include a Large Language Model (LLM) such as OpenAI’s ChatGPT, Microsoft’s Bing LLM, and Google’s Bard, or could be an AI image generator such as OpenAI’ DALL-E 2 or DeepAI. While there is no easy answer, the bottom... Read More

Influencer Branding - Creators and Company Considerations

By Brett E. Battani | 08.08.2023

There is no doubt that social media has changed the landscape of how companies market their products. Now, one person can speak to thousands or millions of their followers to promote a specific product. However, influencer marketing has regulations much like its traditional counterpart. Influencers, or otherwise known as content creators, should... Read More

ChatGPT - A Legal Client's Friend or Foe?

By Jordan E. Meggison-Decker & Jill M. Gastineau | 06.12.2023

ChatGPT was released by OpenAI in November of 2022. ChatGPT is a natural language processing tool that is powered by artificial intelligence. Stated another way, ChatGPT is an artificial intelligence chatbot that can interact with users by answering questions; drafting essays, letters, or poems; generating artwork; and more. ChatGPT has been... Read More

Is Your Content Being Taken and Reposted Without Your Permission? Here’s How to Effectively Combat Copyright Infringement on Social Media

By Jordan Meggison-Decker | 06.06.2023

It is no secret that copyright infringement is becoming more and more common across all widely used social media platforms. Many online content creators with a significant following have probably experienced their copyrighted material being reposted online without their authorization. Indeed, they may have experienced this unpleasant phenomenon... Read More

EEOC Provides Guidance on Employers Using AI in the Workplace

By Danielle Smid | 05.24.2023

The convenience and efficiency of utilizing Artificial Intelligence (“AI”) to hire employees, observe performance, and make decisions about pay and promotion opportunities could run your business into issues with Title VII, if the employer does not have sufficient oversight measures in place to monitor these tools effects. On May 18, 2023, the... Read More

Patents vs. Trade Secrets: What You Should Know

By David Breiner | 04.19.2023

A patent can be an excellent way to protect an invention. Machines, processes, compositions of matter, and manufactures can all be protected by a patent. Having a strong patent gives the patent owner a virtual monopoly on his or her invention for 20 years. Patents, however, are not the only way to protect an invention. Depending on the... Read More

What is "Virtual Patent Marking" and Does It Make Sense for Your Business?

By Christopher Proskey | 03.28.2023

Have you ever seen a product with the words “Patented” “Patent No.” Pat. No.” or similar language printed on it? If you have, you have seen an example of patent marking. The purpose of patent marking is to provide notice to the public that the product is patented. A patent owner is not required to mark a product as “Patented.” However, there are... Read More

The Supplemental Register - What is it? How is the Supplemental Register Different than the Principal Register?

By Christopher Proskey | 02.06.2023

Wait! What? There are different kinds of federal trademark registers? The answer is Yes. There are two types of federal trademark registers – The “Principal Register” and the “Supplemental Register.” In this blog I hope to provide some insight on the differences between trademarks registered on the Principal Register and the Supplemental Register.... Read More

Don't Be in the Wrong: How to Avoid Copyright Infringement

By Jordan Meggison-Decker | 01.10.2023

If you have ever been on either the sending or receiving end of a Cease-and-Desist Letter or a Copyright Infringement Notice, you know that it is not a pleasant feeling in either instance. Copyright issues pop up every day in our Internet driven lives and knowing the copyright basics can ensure that you stay on the right side of the law when... Read More

Let Me Emphasize the IP in IPA: Intellectual Property & Craft Brewing

By Jordan Meggison-Decker | 10.20.2022

There has never been a better time than now for craft brewers to protect their intellectual property. The craft brewing industry is bigger than ever and growing every single day. In 2021, the craft beer retail market was 13% of the entire retail market for beer, cracking $26 billion in total sales. This represented an 8% growth over 2020. In 2021,... Read More