About Augusto Perera Augusto Perera, ESQ. is an active member of the Florida Bar and admitted to practice before the United States District Court Southern District of Florida, the Court of Appeals for Federal Circuit, and the US Supreme Court. He attended Shepard Broad College of Law and received his Juris Doctor degree in 2014. Dedicated exclusively to intellectual property matters, specializing in trademark, copyright, licensing, and Internet Law, with a focus on new business development. Practice includes counseling clients regarding copyright protection and litigation, domain name disputes and protection, domestic and international trademark protection, practice before the Trademark Trial and Appeal Board, and litigation work in federal and state courts. He graduated from Havana University Law School in 1997 with a Juris Doctor Degree. He started working at the Cuban Industrial Property Office (OCPI) immediately thereafter as Solicitor in the Legal Department. With law degrees from the two main legal systems in the world, Mr. Perera understands the contrasts between common and civil laws and the challenges they present to his clients. He is an active member in numerous legal organizations including the American Bar Association, the Florida Bar Association, the Cuban American Bar Association (Director 2019-2021, Co-Chair CLE Committee), South MiamiKendall Bar Association (President 20202021, Co-Chair CLE Committee, 20182020), Coral Gables Bar Association, Dade County Bar Association (DCBA, Director 2021-2022), Business Network International (BNI, Vice President 20172018, Mentor Coordinator 2021), InterAmerican Bar Association, International Trademark Association (INTA), and InterAmerican Association of Intellectual Property (ASIPI, Member Entertainment Committee)., US Alternate Delegate 2021-2025. In determining whether an alleged infringement is fair use, courts consider (1) the purpose and nature of the use; (2) the nature of the copyrighted work; (3) the amount and substance of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use on the potential market or value of the copyrighted work. Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. The use of Generative AI has been widely discussed as of late. How been the different jurisdiction been dealing with Generative AI and copyright protection? The rapid advancement of artificial intelligence has given rise to a new frontier in intellectual property law - the ownership of creative works generated by AI, particularly generative AI. As AI systems become increasingly capable of producing original content, questions regarding copyright ownership, infringement, and protection have become a matter of international concern. International Approaches to Copyright Ownership of Generative AI: 1. United States: In the United States, the Copyright Office issued a statement in 2021 that explicitly stated that copyright law only protects works created by human authors. This means that AI-generated works, regardless of their creativity, are not eligible for copyright protection. However, the Copyright Office encouraged human involvement in AI-generated works, suggesting that if a human’s creative input is sufficiently substantial, they may qualify as an author. 2. European Union: The European Union (EU) has taken a different approach. The EU’s Copyright Directive, which came into effect in 2021, recognizes the possibility of AI-generated works being protected by copyright. According to this directive, the person or entity that owns or operates the AI system responsible for creating the work may be considered the author, unless a human makes a significant creative contribution. 3. China: China has also addressed the issue by allowing AI-generated works to be protected by copyright. The Chinese Copyright Law amendments in 2021 explicitly state that AI-generated works can be copyrighted, with the organization or individual that owns the AI being recognized as the rights holder. 4. Other Countries: Many other countries are still in the process of updating their copyright laws to address the issue of AI-generated works. The approaches taken vary widely, with some following the U.S. model of excluding AI from copyright protection and others adopting more inclusive approaches. WWW.LAWYER-MONTHLY.COM 59 Augusto Perera, Esq. 121 Alhambra Plaza, Suite 1500, Coral Gables, FL 33134 Tel: 305-489-1901 Email: ap@tmmiami.com www.tmmiami.com
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