Stanford – Vienna Transatlantic Technology Law Forum A joint initiative of Stanford Law School and the University of Vienna School of Law Transatlantic Antitrust and IPR Developments Bimonthly Newsletter Issue No. 1/2021 (April 16, 2021) Contributors: Fernando Morera, Gabor Szecsi, Marie-Andrée Weiss, Mauritz Kop, Pratyush Nath Upreti Editor-in-chief: Juha Vesala Contents INTELLECTUAL PROPERTY ............................................................................................... 5 United States .......................................................................................................................................... 5 Who owns the copyright on Jack Ryan? ............................................................................................. 5 European Union ................................................................................................................................... 13 European Commission Action Plan on Intellectual Property ............................................................. 13 OTHER DEVELOPMENTS ..................................................................................................15 European Union and United States ................................................................................................... 15 Central Bank Digital Currencies – Recent Transatlantic Developments ........................................... 15 Democratic Countries Should Form a Strategic Tech Alliance ......................................................... 35 How to Ensure National Security in the New Media Age .................................................................. 50 3 About the contributors Fernando Morera is an international tax attorney, currently working at Ernst & Young LLP (EY) in New York. His practice focuses on tax planning and consulting for private sector clients in the technology, retail, and financial sectors, as well as governments, and international organi- zations. He is also a member of EY’s Advanced Technology Tax Lab, where he helps shape, lead, and implement open innovation initiatives, focused on developing open-source technol- ogy to build more resilient tax systems and societies around the world. Before joining EY, he was an NYU International Tax Fellow at the International Monetary Fund, where he contributed to legal policy making in the area of taxation of non-performing loans. He practiced tax and business law for several years in leading Argentine law firms, prior to moving to the United States in 2015. Fernando holds an LL.M. in International Taxation from New York University School of Law, as well as a J.D. (magna cum laude) and a B.S. in Accounting, both from the University of Buenos Aires, Argentina. He has been featured in Tax Notes International and Thomson Reuters, and is the author of more than thirty publications, including books and arti- cles, on a wide range of international tax matters. Fernando has been a TTLF Fellow since September 2020. Gabor Szecsi is a Hungarian American attorney licensed to practice law in California. He graduated from Karoli Gaspar University, Hungary, in 2007. During his PhD studies, he was an assistant professor of law in Hungary. He also graduated from the University of San Francisco Law School with an LLM in International Transactions and Comparative Law. He is an attorney in California, and his practice focuses on corporate transactions that include corporate law, securities law, company formation, shareholder rights, M&A deals, fund formation, and fund management. Gabor spent five years with the Hungarian office of the European Space Agency’s Technology Transfer and Business Incubator Program, where he gained expertise in advising emerging aerospace and defense startups on various business and regulatory issues, including export-control and ITAR. His primary research interests include technology innova- tion, cross-border transactions, and market regulation. Gabor has been a TTLF Fellow since February 2021 Marie-Andrée Weiss is an attorney admitted in New York and in Strasbourg, France. Before becoming an attorney, she worked for several years in the fashion and cosmetics industry in New York as a buyer and a director of sales and marketing. She graduated from the University of Strasbourg in France with an M.A. in Art History, a J.D. in Business Law, an LL.M. in Criminal Law, and an LL.M. in Multimedia Law. Marie-Andrée also graduated from the Benjamin N. Cardozo School of Law in New York City with an LL.M. in Intellectual Property Law. She is an attorney in New York and her solo practice focuses on intellectual property, privacy, data pro- tection, and social media law. As a TTLF Fellow, Marie-Andrée’s fields of research are freedom Transatlantic Antitrust and IPR Developments, Issue 1/2021 Stanford-Vienna Transatlantic Technology Law Forum 4 of speech on social media sites and the use of consumers’ likenesses in marketing and adver- tising. Mauritz Kop is a Stanford Law School TTLF Fellow, Founder of MusicaJuridica and strategic intellectual property lawyer at AIRecht, a leading 4th Industrial Revolution technology consul- tancy firm based in Amsterdam. His work on regulating AI, machine learning training data and quantum technology has been published by Stanford, Harvard and Yale scholarly journals. Mauritz delivered copyright expertise to the European Parliament during the EU Copyright Di- rective legislative process. He held IP, music and technology law guest teaching positions at Leiden University, Maastricht University and Utrecht University and provided postdoc legal training to Supreme Court judges, lawyers and legal professionals at Radboud University. Mau- ritz is a member of the European AI Alliance (European Commission), the Dutch Copyright Society (VvA), CLAIRE (Confederation of Laboratories for Artificial Intelligence Research in Europe), the Dutch AI Coalition (NL AIC) and the ECP|Platform for the Information Society. He is author of numerous articles and blogs about legal and ethical aspects of exponential inno- vation in industrial sectors such as health-care, agrifood, and entertainment & art, and is a frequently asked international conference speaker on topics in the nexus of AI and Law. His present cross-disciplinary, comparative research focuses on human-centered AI, quantum- ELSI and sustainable disruptive innovation policy pluralism. Pratyush Nath Upreti is a lawyer admitted to the Nepal Bar Council. He holds a research position at the Faculty of Law, University of Helsinki and also a research affiliate at Sciences Po Law School, Paris. Previously, he worked as a researcher at the Max Planck Institute for Innovation and Competition in Munich, Germany and a visiting researcher at the Centre for Intellectual Property Policy & Management (CIPPM) of Bournemouth University in the UK. He has taught Intellectual Property and International Trade Law at the Europe-North America and the Europe-Asia Programs of Sciences Po. Pratyush also serves as a member on the editorial board for the Global Trade and Customs Journal published by Kluwer Law International. He earned his PhD from Sciences Po, Paris and an LL.M. degree from Maastricht University, Netherlands as a UM High Potential Scholar. His interests include Intellectual Property Law, International Investment Law, and WTO related issues. He has been a TTLF Fellow since June 2018. Transatlantic Antitrust and IPR Developments, Issue 1/2021 Stanford-Vienna Transatlantic Technology Law Forum 5 Intellectual Property Clancy and USNI signed a publishing United States agreement in 1983, which stated that: “Author [Tom Clancy] grants and assigns to the Publisher [USNI] the exclusive world- Who owns the wide rights and any subsisting copyright, in- copyright on Jack cluding the right to secure copyrights and any renewals or extensions thereof, in con- Ryan? nection with a certain unpublished work pro- visionally entitled THE HUNT FOR RED By Marie-Andrée Weiss OCTOBER…” and also stated “The Author agrees that he will not, without the written permission of the publisher, publish or per- On 10 February 2021, United States District mit to be published any material based on, Judge Ellen L. Hollander from the Federal or derived from, or directly competitive with District Court of Maryland published an 89- the Work [i.e., Hunt], so long as this agree- page Memorandum Opinion, addressing ment shall remain in force.” the issue of ownership of the books and fic- tional characters created by Tom Clancy, in- On October 29, 1984, USNI received a cer- cluding Jack Ryan. The case is Alexandra tificate of copyright registration for The Hunt Clancy v. Jack Ryan Enterprises, Ltd. which identifies Clancy as the author, and USNI as the copyright claimant. On May 7, 1985, USNI, as owner of the exclusive rights, licensed a theatrical film from Para- Facts mount Pictures. The character of Jack Ryan first appeared Jack Ryan Enterprises, Ltd. (“JREL”) was in The Hunt for Red October (The Hunt), the formed on May 28, 1985 by Tom Clancy and first book ever published by Tom Clancy. It then-wife Wanda King. JREL’s only assets was published in 1984, by a small academic were the computers that Clancy used to press, the United States Naval Institute write his books. JREL was owned 40% by (USNI). One of the book’s characters is Tom Clancy, 40% by Wanda King, and 20% Jack Ryan, an analyst working for the Cen- by their four children. Tom Clancy died in tral Intelligence Agency. Jack Ryan became 2013, and JRE is now owned 40% by his a recurring character