Inevitable Disclosures

Dear IP Section Members, The holidays are almost upon us and, at least for me, it is hard to believe how fast this year has gone by. It is also incredible to think that, as those days pass, we are only two short years from the 50th anniversary of the IP Section itself. Founded in 1976, an auspicious year for copyright law, the IP Section has existed through enormous shifts in technology and legal precedent that have shaped the contours of the practice that we, and our many members, are so passionate about. Thinking back on this history is a humbling experience. First and foremost, it… Read more

It is with deep sadness that we announce the passing of Mickey Krieger, a beloved friend, brother, and intellectual giant, who left us on October 25, 2024, after a courageous battle with esophageal cancer. Mickey was a Los Angeles based attorney whose practice was devoted to high technology business issues, especially for software, multimedia and Internet-related development, acquisition, licensing, distribution and services. Internationally, in addition to transactions for private clients, he assisted in programs related to intellectual property for government entities including the U.S. Commerce Department and the Brazil/UN Software Export project. As a volunteer for… Read more

Dear IP Section Members, I am unbelievably excited to have the privilege of serving as your IP Section Chair for the upcoming year! I have had the fortune of working with the Section for around a decade and the opportunity to meet and chat with many of you in person. I hope this year to have the chance to connect with even more of our incredible members. The CLA IP Section has around 4,000 members and we look to continue to grow and provide top-of-class IP education and networking events to our membership. Since our founding in 1976, the IP Section focused on staying on the cutting edge of IP law and industry in providing information and programming, from new laws to the impact of AI. Many of you… Read more

Please welcome our new IP section Executive Committee members: Stephen Doniger David Tollen Mike Rodenbaugh Nate Camuti Relani Belous Please also welcome our new Interest Group officers: Artificial Intelligence—Andy Stroud (Chair), John Rogitz (Vice Chair) Entertainment and Sports—Elizabeth Rest (Chair), David Branfman (Vice Chair), Owen Seitel (Vice Chair) Litigation—Katie Ignash (Chair), Anne-Marie Dao (Vice Chair) Trademark—Dana Brody Brown (Chair), Karima Gulick (Vice Chair) Trade Secrets—Jim McNairy (Chair), Angelique Kaounis (Vice Chair), Robert Milligan (Vice Chair) Please also welcome our new executive committee officers: Jonathan Lurie,… Read more

Dear IP Section Member, I hope you and yours are doing well. Summer is ending, school is starting again, and Fall is just around the corner. On the topic of school, a few days ago I dropped off my oldest, a freshman, at college. The experience was bittersweet. On the one hand, I was excited about theopportunities and adventures ahead. On the other hand, I wondered where the last 18 years had gone, and where the last 33 years had gone, when I was a Freshman, moving into the Warren Apartments, at UC San Diego, and into my new life. Transitioning from IP Section Chair, as my term ends on September… Read more

Beginning July 27, the declaration will be removed from the Office’s website, andthe Office will no longer accept electronic deposit copies submitted with this form. The Deposit Ticket Declaration Form was a temporary accommodation adopted during the COVID-19 pandemic. This accommodation is no longer necessary now that the pandemic emergency has ended. If the Office receives a declaration form and an electronic copy of a work after July 27, the examiner will request a physical copy of the best edition of the work (in cases where it is required) and will notify the applicant that the claim will not be examined until the Office receives thephysical copy. For more information, please visit their… Read more

The Copyright Office has issued a final rule in its proceeding “Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act.” This final rule confirms that the derivative works exception to termination rights under the Copyright Act (the “Exception”) does not apply to the statutory mechanical blanket license established by the Music Modernization Act (“MMA”). It directs the mechanical licensing collective (“MLC”) to make future royalty distributions in a manner consistent with this understanding of the Exception and to engage in a corrective royalty adjustment process to correct earlier overpayments that were made based on an erroneous understanding… Read more

Dear IP Section Member, I hope you and yours are doing well (and staying cool). In the past few months, I have enjoyed meeting and seeing many of you in person (at the Patent Office Comes to California and the Copyright Office Comes to California programs, and our monthly Wellness Hikes, throughout the San Francisco Bay Area) and virtually, at our monthly Office Hours with the Chair meetings. In the next week, our Executive Committee will meet to discuss Long Range Planning, for 2025. Our next Annual IP Institute (Long Beach, March 6-8, 2025) has already been scheduled. Please be sure to mark your calendars. Other fabulous programming… Read more

The European Union’s Directive (EU) 2022/2555, often referred to as NIS2, is a measure coming into effect October 18th 2024 for all EU member states. This will require these EU member states to develop heightened overall cybersecurity requirements applicable to medium to large size enterprises and businesses providing certain critical infrastructure providing services within the EU. These updates to cybersecurity requirements will include stricter risk management, heightened breach notification, supply chain cybersecurity obligations, and registration by early 2025. There are exemptions available, but the directive will impact the cybersecurity operations of many businesses with… Read more

The European Union’s AI Act, a piece of legislation designed to mitigate the risks posed by artificial intelligence, received the final approvals required to become law. The legislation bans certain AI systems, such as those that could be used to manipulate consumers’ behavior, within the EU. It creates several new regulatory mechanisms to ensure the new AI rules are upheld. In particular, it calls for the European Commission to create an AI office focused on regulatory compliance enforcement. The EU will also establish a panel of independent experts to support enforcement activities, an AI board… Read more