INTELLECTUAL PROPERTY
“Deserves a prominent place on the shelf of any copyright specialist.” — Texas Bar Journal “[A] first rate resource for teachers, students and practitioners.” — The Journal of the Copyright Society of the USA
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Substantial Similarity in Copyright Law Robert C. Osterberg (Formerly Senior Partner, Abeles Clark & Osterberg) and Eric C. Osterberg (Osterberg LLC) The first treatise to discuss the pivotal subject of substantial similarity, this title helps plaintiff and defense attorneys evaluate and advocate copyright infringement claims. Its pages are packed with practice-ready pointers from prominent copyright lawyers. Featuring unparalleled insights not featured elsewhere, this book introduces readers to the substantial similarity tests appellate courts apply circuit-by-circuit. The authors illustrate and explain how substantial similarity tests apply to specific kinds of copyrightable subject matter — from fiction to computer programs, and from sound recordings to architectural works — analysis you cannot find anywhere else. Practitioners will learn how courts address substantial similarity at each stage of litigation from motion practice to trial, when they can leverage expert witnesses to strengthen their claims or discredit those of their adversary. Readers will also learn how to balance qualitative and quantitative analysis in different types of cases. The book includes appendices depicting plaintiffs’ and defendants’ works in litigated cases, followed by excerpts of the court’s analysis of substantial similarity in each case, while highlighting cases involving useful articles, computer games, musical works, photographs, fabric designs, literary works, architectural works, and more. Readers will also find discussion of some of the finer points of substantial similarity analysis, such as: • The interplay between the de minimis defense and substantial similarity • How and when the more discerning ordinary observer test applies • The significance of the copyright deposit in infringement litigation and the copyright estoppel doctrine
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Artificial Intelligence & Intellectual Property Charley F. Brown (Ballard Spahr LLP) and Lynn B. Oberlander (Ballard Spahr LLP)
Artificial Intelligence & Intellectual Property provides a clear, accessible guide to the rapidly evolving challenges AI presents for IP law. As AI systems increasingly drive innovation, they raise fundamental questions about authorship, inventorship, ownership, liability, and data protection. Practitioners, scholars, and policymakers must now determine whether AI-generated works qualify for copyright protection, whether an algorithm can be an inventor, how to safeguard training data, and who is responsible when AI outputs infringe rights or cause harm. Experts address how AI affects every branch of IP — copyrights, patents, trade secrets, trademarks, data rights, the right of publicity, AI-related liability, and ethical considerations. Each chapter stands alone for focused analysis, while together they offer a cohesive, practical examination of the legal and
ethical issues reshaping modern IP practice. Stay up to date with PLI’s Upkeep Service.
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