Fergus, A Law Office Fergus, A Law Office 2026-04-13T17:19:11Z https://www.ferguslegalip.com/feed/atom/ WordPress /wp-content/uploads/sites/1503030/2019/12/apple-touch-icon-75x75.png On Behalf of Fergus, A Law Office <![CDATA[From electronic databases to AI scrapers: lessons from an $18 million copyright win]]> https://www.ferguslegalip.com/?p=51275 2026-04-13T15:41:55Z 2026-04-13T15:37:57Z in 2013, major publishers treated freelance articles like inventory. Big publishers thought they could take freelance articles and put them into "electronic databases” without paying the authors. They were wrong. Attorney Gary Fergus served as co-lead counsel in the case that held these major publishers accountable, In re Literary Works in Electronic Databases. Ultimately resolved through an $18 million settlement, the outcome remains a practical reference point for today’s creators facing similar issues with artificial intelligence. The label may have changed, but the conduct looks familiar. Mass copying at scale for someone else’s profit.

The 2026 reality: the “Thaler” decision and your rights

As of March 2, 2026, the Supreme Court in Thaler v. Perlmutter confirmed a core rule: only humans can be authors for US copyright purposes – not AI. That clarity does not end the business dispute. It reframes it. If an AI system cannot be the author, the economic upside still lands somewhere else: developers, deployers, platforms, distributors. From a litigation perspective, the question becomes measurable harm. Consider public-facing markets such as an auction sale of AI-generated artworks. If a work is built from unlicensed training on identifiable human outputs, the theory of damage is not philosophical. It is likely “stolen” human creativity from the original artist. 

The “big fish” filter: proving the damage

Fergus, A Law Office focuses on economic value, not exposure. Cases like the electronic database litigation turned on proof, not outrage. The same discipline applies to AI disputes. These cases require evidence that a business was hurt. Take an artist or publisher with a million-dollar portfolio, for example. If that artist now sees their own work replicated by AI software, they may have an actionable claim for loss of profits. 

Why conflict counsel matters

Big firms may be unable to offer counsel in these matters if they face conflicts due to existing relationships with big tech companies or the publishers involved. In such critical situations, Gary Fergus can use his over 40 years of complex litigation experience leading massive class actions to help protect your interests while fighting for legal remedies.

The battle of the numbers

Creators are wise to focus on profits lost. Attorney Fergus has experience fighting the “Battle of the Numbers” - the high-level math and legal discovery needed to establish how much is at risk. Those who own a high-value portfolio devalued by unauthorized AI use are wise to seek legal counsel from a litigator who has experience with these complicated cases. Contact our copyright and civil litigation attorney, Gary Fergus, to discuss your case today at [nap_phone id="TOLL-FREE-CT-NUMBER-2"]. ]]> On Behalf of Fergus, A Law Office <![CDATA[Lessons from unique patent cases can inform creative approaches]]> https://www.ferguslegalip.com/?p=51272 2026-01-30T20:24:55Z 2026-02-03T20:18:25Z Every patent case is unique. This is, in part, because virtually every invention for which individuals and businesses seek patents is unique. But, it is also – in part – due to the reality that concerns related to prior art, shifts in the market, technological innovations, challenges related to financing and a host of other concerns that may impact the viability of any particular patent claim tend to evolve regularly. As such, even a particular patent case may present unique challenges from day to day, let alone when compared to other patent matters.  As a result, it is important for those impacted by intellectual property infringement, a desire to license intellectual property or a need to protect a novel invention to seek personalized legal guidance as proactively as possible. Patent matters are not “one-size-fits-all” concerns. Guidance tailored to an individual inventor’s or company’s circumstances is most likely to lead to a successful outcome, as a recent case represented by our firm clearly illustrates. 

Navigating patent technology sale and transfer agreement concerns successfully 

Our team recently assisted a corporation seeking to transfer patent rights for next-generation genome editing technology. The situation was complex, partly because it was necessary to safeguard the patent’s value effectively until it could be sold and transferred. Also of concern was a need to generate additional funding for further innovation. While this particular situation was unique in a variety of ways, the broader concerns of the patent holder are not uncommon in the modern U.S. technological sphere. To read more about this case and other cases we've handled, please visit our case results page.  While there is no doubt that every unique patent case should be approached in a personalized way – tailored to the unique needs, goals and circumstances of each inventor and business – there is also no doubt that experience handling a host of novel patent matters can help legal professionals to advocate for their clients in more informed, creative ways. At Fergus, A Law Office, clients benefit from this kind of extensive experience combined with an ever-present awareness that the lessons of earlier matters must only be applied to a new case to the extent that doing so serves the client’s interests to the highest possible degree. ]]> On Behalf of Fergus, A Law Office <![CDATA[Demanding accountability after AI software copyright infringement]]> https://www.ferguslegalip.com/?p=51273 2026-01-30T20:24:45Z 2026-02-03T20:10:46Z Documenting the infringement The first step toward asserting copyright protections after AI infringement is to create a record of the infringing activity. As the creations of AI are largely digital, those accused of infringement may attempt to scrub records of questionable videos, songs, images or works of writing from the internet. A cease-and-desist letter might result in the removal of content that infringes on an existing copyright. Therefore, copyright holders need to carefully document not just the individual works that may have infringed on their copyright protections but also the extent to which people shared them with one another. Social media posts could have millions of views and interactions before the infringing party removes the content. The broader the spread, the bigger the potential impact of that infringement.

Determining who is at fault

The liability for AI copyright infringement is a legal gray area. In some cases, fault may fall clearly on the companies releasing AI software. They program their creations to source information from the internet. The content used as source material may include original copyrighted works and even the likeness of celebrities. Other times, the records of the prompts used to generate AI content could show that the party producing the content asked for something similar to the style of a copyrighted work or a specific creative profession. The process of demanding accountability for AI copyright infringement can be relatively lengthy and complex. This area of law is relatively new, with minimal existing judicial precedent. Yet, a successful lawsuit can lead to injunctions permitting additional infringement and possibly an award of damages for the impact that the infringement has had on a copyright holder. Partnering with an attorney familiar with copyright infringement and modern technology can help those frustrated by infringement understand their options and hold the right party accountable for infringing upon their rights.]]> On Behalf of Fergus, A Law Office <![CDATA[What Should An Influencer Do If Their Work Is Stolen?]]> https://www.ferguslegalip.com/?p=51129 2025-02-20T17:00:39Z 2025-02-18T14:23:45Z Step #1: Learn about intellectual property protections Intellectual property is a complicated, niche area of the law. Although you may not learn the particulars of how it works, it is important to understand the basics so you can recognize when your material qualifies for protections. The most common forms of IP are copyright, trademark, trade secrets, and patent protections. The two that most often apply in the world of influencers are copyrights and trademarks. Copyrights generally offer protection for works of authorship like photos and videos while trademarks apply to brand names, logos and catchphrases.

Step #2: Recognize your intellectual property

As an influencer, your IP can include a variety of elements that are unique to your personal brand. This can include:
  • Image and likeness: If used in California, the California Right of Publicity Statute can protect any visual representation that identifies you.
  • Taglines and catchphrases: Unique phrases or slogans that are your trademark.
  • Logos and trade dress: Distinctive symbols (trademarks) and the unique visual appearance of your brand if that appearance serves to identify you to your followers rather than your competitors.
  • Videos and photos: Original visual content created by you.
  • Original Content: Original written content created by you.
These elements not only enhance your marketability but also legally belong to you, warranting protection under IP law.

Step #3: Take actionable steps when your IP is stolen

Influencers are wise to be concerned if another party steals their material. This other party could damage the influencer’s hard-earned reputation and pose a problem for any influencer marketing agreements. Legal remedies are available and can include a court order for the other party to cease using the material as well as monetary damages. It may provide some peace of mind to know that you are not alone. Other influencers have experienced similar frustrations and are fighting back. When taking on this fight, the first thing to do is to document the infringement. Organize and make copies of records of unauthorized use of the IP. Next, it is highly advisable to reach out to an attorney who has experience in this area of IP law. Fergus, A Law Office has experience with these issues and can review the case and discuss your options. This will help to mitigate the damage done and can result in increased protections to reduce the risk of similar issues in the future.]]> On Behalf of Fergus, A Law Office <![CDATA[Federal vs. California IP Laws: Key Distinctions and Interactions]]> https://www.ferguslegalip.com/?p=51116 2024-12-11T15:46:03Z 2024-12-11T15:46:05Z Distinct Purposes, Different Scope On the one hand, federal IP laws, such as the Copyright Act, Patent Act, and Lanham Act, establish a nationwide standard for protecting copyrights, patents and trademarks. These laws offer a comprehensive legal structure for IP protection and focus on:
  • Registration
  • Infringement
  • Remedies
California, on the other hand, has state-specific IP laws that address unique local needs. While federal laws primarily cover copyrights, patents and trademarks, California regulations emphasize trade secrets and unfair competition. For instance, the California Uniform Trade Secrets Act offers strong protection for confidential business information. California’s regulations also cater to its specific industries, like entertainment and technology, providing tailored protections. The state has specific laws protecting individuals’ control over their identity, including post-mortem rights, while federal law lacks a comprehensive statute for this protection. Overlapping authority, complementary enforcement The overlaps between federal and state IP laws occur mainly in trademark protection, where both federal and state laws may apply. This dual protection can be advantageous, offering multiple enforcement avenues, but it also introduces potential legal complexities. For optimal protection, seeking advice from an experienced IP attorney is highly recommended. Federal efforts against counterfeiting and infringement are coordinated through the Intellectual Property Enforcement Coordinator (IPEC), who develops strategic plans and reports on enforcement activities. California may not have such extensive coordination, but its regulations provide additional layers of protection that complement federal laws. Understanding the strengths and limitations of both federal and state IP laws is crucial for individuals and businesses. While federal laws provide a broad and uniform framework, state laws like those in California address specific local needs and industries. This complementary approach ensures comprehensive protection of valuable intellectual property assets.]]> On Behalf of Fergus, A Law Office <![CDATA[How can I license my IP to others?]]> https://www.ferguslegalip.com/?p=51115 2024-10-31T17:13:34Z 2024-11-04T18:10:28Z How does IP licensing work? Intellectual property encompasses creations such as inventions, literary works, designs, symbols, names and images used in commerce. Licensing IP involves a legal agreement in which the IP owner (licensor) permits another party (licensee) to use the IP for agreed-upon purposes. This typically involves an exchange of monetary value, such as fees or royalties. Licensing can include patents, copyrights, trademarks, trade secrets or a combination of these rights tailored to the specific needs of both parties.

What are various forms of IP licensing?

Licensing your IP can open up numerous opportunities. Here are some common types:
  • Technology licensing: Sharing technical information or methods often used in software and biotech.
  • Trademark and franchising licensing: Allowing use of your brand name, which is common in retail and food services.
  • Copyright licensing: Granting rights to reproduce or distribute artistic works like music or books.
  • Patent licensing: Permitting the use or sale of patented inventions, often for royalty payments.
Each form of licensing provides unique advantages, allowing you to capitalize on different aspects of your IP.

Steps for licensing IP

Protecting your intellectual property is a strategic process that demands careful planning. Here are the main steps:
  1. Identify your IP: Clearly define what you own, whether patents, trademarks, copyrights or trade secrets.
  2. Valuation: Determine the value of your IP to ensure fair licensing terms.
  3. Find potential licensees: Research and identify businesses that could benefit from your IP.
  4. Negotiate terms: Agree on terms and conditions that reflect the commercial opportunity.
  5. Draft the agreement: Include rights granted, financial terms and responsibilities.
  6. Execute the deal: Sign the agreement and ensure payment of fees or royalties.
  7. Manage the deal: Regularly check compliance with the terms.
Consulting with a skilled IP attorney from the early stages is crucial. They can guide you through the process, ensuring you protect your IP and secure your company's future success.]]> On Behalf of Fergus, A Law Office <![CDATA[Nondisclosure agreements in California: what you cannot include]]> https://www.ferguslegalip.com/?p=51104 2024-04-11T16:08:14Z 2024-04-15T16:07:29Z Keeping you quiet forever A nondisclosure in California cannot last forever and ever. They need to have an end date, so anyone who signs it is not sworn to silence for life.

Silencing you everywhere

A nondisclosure cannot limit a person’s right to free speech. It cannot stop someone from talking about things unrelated to the matter they promised not to disclose. For example, in an employment context, an employer cannot ask or order an employee not to speak/limit their speech in their free time. That is against the law.

Making you keep every little detail secret

These documents cannot ask that a person keep every single little piece of information to themselves. Some things are meant to be shared, like what a person did last weekend (outside of work) or how to make a killer guacamole recipe. The law protects individuals from unreasonable requests like this one.

Hiding the NDA details

A person or entity asking you to sign an NDA (nondisclosure agreement) cannot keep you in the dark about the details of the nondisclosure agreement. They have to explain it to you in simple, easy-to-understand terms and ensure that you understand what you are getting into.

Keeping you from reporting bad things

A non-disclosure agreement cannot prevent an individual from reporting illegal or inappropriate behavior, even in the context of employment.

Making you pay if you slip up

No one can ask you to pay any amount of money if you accidentally reveal information you were not supposed to. The person or entity cannot hit you with huge fines that would leave you penniless. According to the law, consequences have to be fair.

Changing the rules

The person who drafts the NDA cannot change the terms of the agreement after you sign it. Once it is set in stone, it is set. Trying to change the terms of the agreement after the fact is like agreeing to play a game and then someone changing the rules halfway through.

Locking you down from future jobs

An employer cannot handcuff you to their company forever. It cannot stop you from getting a new job. The law protects individuals’ right to have the freedom to grow in their careers. Remember, if anyone asks you to sign a nondisclosure agreement in California, make sure you read it carefully and understand your rights. If you are not sure about something, check with an attorney. Your secrets and your future are important, so protect them wisely.]]> On Behalf of Fergus, A Law Office <![CDATA[Climate change collaboration, green technology and your IP opportunities]]> https://www.ferguslegalip.com/?p=51102 2024-03-08T16:49:57Z 2024-03-08T16:49:57Z The importance of international climate change collaboration International collaboration provides an avenue for countries to share insights and work together towards common environmental goals. International partnerships between companies and countries lead to research and development and create groundbreaking technologies. However, as these technologies become increasingly valuable, inventors must take steps to protect their intellectual property rights.

Patents that cross borders can lead to a lot of complexity

Patent law just in the US is exceedingly challenging. Once you involve international dimension you quickly become overwhelmed by varying procedures. Add to that the complexity of utilizing international partners in development, there will be natural confusion over the ultimate origin of any technology. This is why it's important to work closely with an IP attorney as you move forward with patents created in any international collaboration.

You must take steps to understand your rights

Preserving your intellectual property rights as a green technology developer amidst this international cooperation is key. By understanding and implementing proper legal measures across various jurisdictions involved in your work, you can ensure your inventions are protected while contributing positively towards global climate change mitigation efforts

Benefits of successful protections

Successful patent applications, even if just in the US are extremely valuable. If you can secure them in other countries, that profitability increases. While any sort of solution to the climate solution would be valuable and important to work towards, you deserve to reap financial rewards for doing  your part.]]> On Behalf of Fergus, A Law Office <![CDATA[Unraveling the complex world of fiduciary estate litigation]]> https://www.ferguslegalip.com/?p=51099 2025-07-21T14:55:39Z 2023-12-13T09:37:14Z Role of the fiduciary An individual usually appoints a fiduciary through a will or trust, and it can be an executor, trustee, administrator, or any other individual entrusted with managing and distributing assets. The primary responsibility of the fiduciary is to act in the best interest of the estate and its beneficiaries. When someone brings a claim against a fiduciary in court, whether the individual is a beneficiary, heir, or any other interested party, they are challenging an action or decision of the fiduciary.

The litigation process

Common grounds for allegations in fiduciary litigation include:
  • Breach of fiduciary duty
  • Mismanagement of assets
  • Undue influence
  • Will/Trust contests
The litigation process often involves filing a legal complaint, gathering evidence, and presenting a case in court. The court may respond by ordering the fiduciary to provide an accounting of their actions.

Seeking resolution

Fiduciary estate litigation can be emotionally and financially draining, and attorneys often solve these matters through negotiation, mediation, or settlement discussions between the opposing parties. Resolving disputes amicably is often preferable to protracted court battles and allows for the preservation of relationships and the minimization of the impact on the assets within the estate. When a fiduciary executes an estate plan, disputes can arise if a beneficiary, heir, or other involved party challenges an action by the fiduciary. If the court claim is successful, it may entitle the affected parties to restitution and compensation, depending on what the court deems appropriate.]]> On Behalf of Fergus, A Law Office <![CDATA[A quantum shift in climate-driven litigation]]> https://www.ferguslegalip.com/?p=51098 2023-10-03T19:35:35Z 2023-10-06T12:00:06Z Fighting for the future The lawsuit was premised on specific language in the Montana Constitution. Codified in the Constitution is a reference to guaranteeing the state’s residents – current and future – “the right to a clean and healthful environment.” Sixteen Montana residents from five to 22 years old filed a climate lawsuit that seemed at an initial glance to be a long shot. Montana state laws enacted in 2011 – and updated just this past year – stopped state agencies from considering climate impact when it came to projects surrounding coal and natural gas. Nevertheless, the plaintiffs' arguments took aim at state leaders and their persistent pursuit of fossil fuel development. The plaintiffs claimed that developmental plans did not take into account the future impact on the area, not to mention the world.

An historic ruling

After a lengthy trial, the judge’s ruling represented a potential shift in future climate litigation and provided practically an unprecedented victory. The judge’s ruling gave younger people in Montana and potentially nationwide a “fundamental right to a climate system that is safe and stable for their lives,” according to Julia Olson, the group’s chief legal counsel from a non-profit law office. First District Judge Kathy Seeley rejected the defendant’s claims that global warming consequences were overblown. Seeley saw prohibition as unconstitutional.

National application?

Will the Montana decision have a ripple effect or limited impact? Can its reasoning and rationale be applied to other states and jurisdictions, or will it be restricted to Montana? A handful of other states do have similar constitutional language on which like-minded lawsuits could be based, including Pennsylvania, New York, Massachusetts, Illinois and Hawaii. Although California does not currently have similar language in its constitution, other avenues may be available for California residents to assert an affirmative right to environmental protection. Unsurprisingly, the defendants in the Montana case are appealing the ruling. And all of this is occurring at a time when climate-driven litigation has doubled over the past five years, leading many to claim a paradigm shift. Time will tell.]]>