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Franklin Graves was in the room at the first White House creator economy conference. He also works at LinkedIn. He agree...
26/06/2026

Franklin Graves was in the room at the first White House creator economy conference. He also works at LinkedIn. He agreed to spend 30 minutes explaining what creators do not understand about their own legal rights.

You built the audience. The platform owns the relationship.

That's not an opinion. It's how the terms of service work on every major platform you use right now.

My co-host Ken Suzan had a conversation this week that I keep thinking about. Franklin Graves is Senior Product Counsel at LinkedIn, and he wrote the first law review article ever published specifically on creator economy law. He joined Ken Suzan on our podcast IP Fridays, and what he shared is something every creator, brand manager, and IP professional needs to hear.

Here are the four things that stuck with me most.

Your content is probably training an AI model right now. Whether you get compensated for that depends on four words buried in the terms of service you accepted without reading. Google is already doing this with YouTube. They are not hiding it. It is in the license grant.

The TikTok scare was a warning most people missed. When TikTok faced shutdown in the US, creators discovered overnight that their audience lived on someone else's property. Millions of followers, zero portability. The creators who were fine had built something the platform couldn't take away: a direct relationship outside of it. An email list. A newsletter. A community they actually owned.

Your voice is now an IP asset that needs legal protection. Tennessee passed the Elvis Act specifically to address AI voice cloning. Taylor Swift is filing trademarks on the sound of her own voice. This is not celebrity paranoia. It is the leading edge of a legal battle that will reach every creator who has ever published audio or video content. The law is still being written. The exploitation is already happening.

There is a legal difference between a creator and an influencer. Courts are only now starting to recognize it, and the distinction will determine who wins and who loses the IP disputes of the next decade. It comes down to intent, not follower count.

Franklin Graves spent years representing individual creators before moving in-house. He understands both sides of the platform relationship in a way very few lawyers do. His paper, Upload Complete, is the first serious academic attempt to give creator economy law a coherent framework.

The full conversation is in the latest episode of our podcast IP Fridays. You can listen to it on the website of IP Fridays and any other podcast player such as Apple podcasts, Spotify, Amazon Music, Google podcast, Youtube, ...

What would you do if the platform you rely on most disappeared tomorrow?

Non-technical features back in the game for assessing inventive step? Is there an alternative to the problem solution ap...
29/05/2026

Non-technical features back in the game for assessing inventive step? Is there an alternative to the problem solution approach?

The UK Supreme Court just rewrote the rules for AI patents.

In February 2025, it overturned the Aerotel test — which had been the standard in Britain since 2006 — and declared it "unsound law." The entire legal landscape for AI and software inventions changed overnight.

In episode 175 of IP Fridays, I spoke with Bruce Dearling, partner at Hepworth Brown. He wrote the original application, prosecuted it through every level of the British court system, and won at the Supreme Court. He probably knows more about this case than anyone alive.

Here is what struck me most.

The ruling introduced what is called the "intermediate step." Before assessing inventive step, an examiner must now look at how all the features in a claim interact — technical and non-technical alike. You can no longer just strike through a feature because it looks non-technical. If those features together produce a real technical effect, the claim stands. Bruce considers this far more important than the "any hardware" headline that most commentators focused on.

What makes this bigger than a UK story: the Unified Patent Court issued a decision in April 2025 — Abbott v. Sinocare — using language strikingly similar to the Supreme Court ruling. The UPC is not bound by UK courts. The overlap is not a coincidence. And Bruce told me, off the record, that people close to the EPO have spoken about converging UPC practice toward the UK Supreme Court approach. We may be watching a pan-European shift in real time.

The EPO itself is not there yet. COMVIK and the problem-solution approach are still the standard. Bruce's view: the problem-solution approach is structurally infected with hindsight reasoning. You formulate the objective technical problem by working backwards from a solution you already know. He has held this view for decades, and now the UK Supreme Court has said something similar.

Singapore's IP Office has already launched a public consultation asking whether the Emotional Perception ruling should be adopted into national law. That is Commonwealth-wide soft power from a single Supreme Court judgment.

Two practical takeaways for anyone prosecuting AI or software patents right now: make sure the claim contains hardware, and make sure the description fully explains what technical effect each piece of hardware or software achieves. Not as boilerplate — as a real technical account. Bruce is blunt: those who write the claim first and the description second run into trouble.

Full episode at the IP Fridays website and any podcast platform you can think of - Spotify, Amazon Music, Youtube, Apple Podcast, ... — worth your time if you work in patent prosecution, IP strategy, or tech.

IP Fridays Podcast – Episode 174: Interview with Brian McGinnis – Data as a Strategic Asset, Not a Compliance Burden – A...
01/05/2026

IP Fridays Podcast – Episode 174: Interview with Brian McGinnis – Data as a Strategic Asset, Not a Compliance Burden – AI Governance and the Acceptable Use Policy – Website Tracking Tools and the Wiretapping Litigation Wave

https://buff.ly/bNur5se

Your company's data is either a managed asset or an unmanaged liability. There is no third option.That is the opening ar...
01/05/2026

Your company's data is either a managed asset or an unmanaged liability. There is no third option.

That is the opening argument Brian McGinnis makes in the latest episode of our podcast IP Fridays in this interview with Kenneth Suzan, co-host of this podcast — and everything that follows from it is worth hearing.

Brian is a partner at Barnes & Thornburg and one of the leading privacy and AI governance attorneys in the US. In our conversation, he covers ground that most legal podcasts never get close to:

Why your website is probably generating legal exposure right now — without anyone in your company knowing it. Why signing a vendor contract without a proper data processing agreement is the same as signing a bad IP license. Why the absence of an AI acceptable use policy is not a neutral position. And why the companies that treat compliance as a burden are leaving money on the table.

The parallel he draws between data governance and patent portfolio management alone is worth the listen.

Episode 174 of our podcast IP Fridays is live now. Listen to it wherever you listen to podcasts (e.g. Spotify, Youtube, Apple Podcasts, Amazon Music, the IP Fridays website, ...)

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