Fri.Sep 15, 2023

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Recent Developments Related to Generative AI and Copyright Law

JD Supra Law

The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare. The implications for copyright law principles, such as authorship, infringement, and fair use, are significant, raising many complicated questions: Does the generative AI training or fine-tuning process infringe copyrights in other works?

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Publishers’ Lawsuit Accuses Libgen of “Staggering” Copyright Infringement

TorrentFreak

With two alleged operators of Z-Library currently defending a criminal lawsuit filed by the U.S. government, another of the world’s most recognized book piracy platforms has fresh legal problems of its own. Library Genesis was founded in Russia around 2008, mostly offering local language scientific textbooks. After reportedly adding around 500,000 predominantly English-language books courtesy of Library.nu, ‘Libgen’ archives received another huge boost with the addition of cont

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Award-Winning AI Art Not Copyrightable

JD Supra Law

Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful.

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Authors Target OpenAI, Meta With More Suits

Velocity of Content

Yet another set of authors has filed a set of class action lawsuits claiming unauthorized use of copyrighted works to train AI systems by OpenAI and Meta. In the suit brought by Michael Chabon, David Henry Hwang, Matthew Klam, Rachel Louise Snyder, and Ayelet Waldman, the claims are pretty much identical to those made in previous suits, according to Andrew Albanese , Publishers Weekly executive editor.

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Plex Will Block Media Servers at Abuse Prevalent Hosting Company

TorrentFreak

Plex is a multifunctional media software and service that allows users to easily access all their entertainment in one place. Whether it’s movies, music, TV-shows, or photos, Plex can organize and index, making the content ready to stream on a wide variety of supported devices. The technology itself is content-neutral and can be used for good, such as curating home videos or enriching purchased media with metadata.

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U.S. Copyright Office Wants to Hear Your Comments and Concerns About Artificial Intelligence

JD Supra Law

If your business currently uses artificial intelligence (AI), is considering using AI in the future or is concerned about how AI may impact your business, the U.S. Copyright Office wants to hear from you. Earlier this year, the Copyright Office launched an AI initiative to explore the relationships between technology and human creativity. The Copyright Office intends to use the feedback it receives to inform its copyright regulations, advise members of Congress and provide useful resources for.

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Winners of Luminosity and Surrealism Art Competitions

Art Law Journal

Taylor Curry explores the storytelling power of light, from dawn landscapes to quantum physics. Lauren Grace delves into the complexities of surrealism, revealing art that resonates universally through unconscious desires and symbolism.

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U.S. Copyright Office Ponders Copyright Protection for AI-Generated Works Following D.C. Circuit’s Thaler Decision | News & Events

JD Supra Law

The U.S. Copyright Office (“Office”) has issued a notice of inquiry (NOI) in the Federal Register indicating its intent to study copyright law and policy issues raised by generative artificial intelligence (AI), and seeking public comment from interested stakeholders. The Notice follows on the heels of the D.C. Circuit’s recent decision in Thaler vs.

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Developers Are Testing Defenses In Generative AI Litigation

IP Law 360

In the rapidly growing field of generative artificial intelligence law in the U.S., there are a few possible defenses that have already been effectively asserted by defendants in litigation, including lack of standing, reliance on the fair use doctrine, and the legality of so-called data scraping, say attorneys at K&L Gates.

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What to Know When Buying or Selling a Cannabis Business

JD Supra Law

As more states legalize cannabis and the industry experiences ongoing growth, we are witnessing a rising trend of acquisitions and sales within this sector. While buying and selling a business is a complex process for any industry, there are unique considerations to keep in mind when buying or selling a cannabis business.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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The Briefing: Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions

The IP Law Blog

Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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AI Insights: Copyright Office Rejects Application for Refusal To Disclaim AI-Generated Elements

JD Supra Law

Copyright Office Rejects Application for Refusal To Disclaim AI-Generated Elements - The U.S. Copyright Office has once again refused to register a visual work that included elements generated using artificial intelligence (AI). In this most recent case, the work was a digital work submitted by Jason M. Allen entitled “Théâtre D’opéra Spatial.” The crux of the Copyright Office decision was that Allen’s work contained more than a de minimis amount of AI-generated content, which Allen refused to.

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Never Too Late: If you missed the IPKat last week!

The IPKat

While the heatwave is leaving the UK , here is the recap of the topics considered in case you missed the IPKat. Patents Rose Hughes discussed the recent High Court decision (Newron v Comptroller [2023] EWHC 1471) in relation to the interpretation of the phrasing “the product” and its meaning within the SPC Regulation. Rose Hughes analysed the minutes of the oral processings confirming the Board of Appeal’s decision, in relation to case T 0116/18, to acknowledge the inventive step of a claimed in

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[Video] The Briefing: Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions

JD Supra Law

Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing.

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Other Barks & Bites for Friday, September 15: CAFC Issues Precedential Ruling in Design Patent Case; Tech Titans Testify Before Congress on AI; FTC Publishes Policy Statement on ‘Improper Patent Listings’

IP Watchdog

This week in Other Barks & Bites: the CAFC issues a precedential ruling in a design patent win for Columbia Sportswear; the country’s biggest tech CEOs testify before Congress on the state of artificial intelligence (AI) in the United States; the Federal Trade Commission releases a policy statement charging that brand pharmaceutical companies are improperly listing patents in the Orange Book; and the IFPMA explained the pharmaceutical industry’s priorities of innovation and pandemic prepare

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IPR Decision Based on a Barely Mentioned Typo Violated the APA Notice Requirement

JD Supra Law

APPLE INC. v. COREPHOTONICS, LTD. Before Stoll, Linn, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: An IPR final written decision based on a party’s brief mention of an error in an expert declaration did not satisfy the notice requirements of the APA, where neither party suggested the error was material or dispositive.

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New Trademark Examination Guidelines Require Domicile Address – Even for Online Businesses

Greenspoon Marder LLP

By: Gavin Strube, Esq. In the 21st century, it is increasingly common for businesses to operate exclusively online. The global COVID pandemic only accelerated the pace at which new and existing companies transitioned to remote or digital workspaces. However, just as those companies need to adopt business solutions that meet their specific needs, they also need to ensure that their […] The post New Trademark Examination Guidelines Require Domicile Address – Even for Online Businesses appear

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“Magic Words” Unnecessary in Identifying Field of Endeavor for Analogous Art

JD Supra Law

NETFLIX, INC. v. DivX, LLC - Before Hughes, Stoll, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: Petitioner was not required to explicitly identify secondary reference’s “field of endeavor” using specific language when briefing sufficiently communicates the field of endeavor.

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Decoding Cease-and-Desist Letters: A Guide to Navigating Wiretap Allegations Linked to Meta Pixel Use

LexBlog IP

1. Introduction Uptik in Threat Letters & Legal Actions: A Wake-Up Call for Companies Using Meta Pixel In recent years, the digital landscape has become a battleground for privacy rights, with Meta Pixel at the epicenter of numerous legal disputes. Companies using Meta Pixel and similar tracking technologies increasingly face legal scrutiny. This surge is not limited to Meta alone; it extends to any organization that employs these technologies for data collection and targeted advertising.

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The NIL Legislation Race: CAEFA And Ted Cruz's Draft Bill

IP Law 360

Christina Stylianou and Gregg Clifton at Lewis Brisbois compare legislation pertaining to the name, image and likeness rights of college student-athletes, including the College Athlete Economic Freedom Act and Sen. Ted Cruz's draft bill that would restrict an athlete's eligibility to compete if an NIL agreement violates their university's student code of conduct.

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Generic and Biosimilar Drugs Save $408B For America’s Patients and Healthcare System in 2022

LexBlog IP

On September 6, 2023, the Association for Accessible Medicines (AAM) released its 2023 U.S. Generic & Biosimilar Medicines Savings Report highlighting the significant economic contributions of generic and biosimilar medicines. Notably, the U.S. healthcare system, including patients, employers and taxpayers, saved $408 billion in 2022 by using FDA-approved generic and biosimilar drugs, per the AAM’s report.

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Best start-ups in Colombia

Olartemoure Blog

In collaboration with Forbes, Rockstar has launched the fourth edition of the “TOP 100 Startups Colombia” to identify the most influential entrepreneurs in the country. This program assesses the attributes of the participants, such as their size in the market, the business model, growth potential, the impact of their product or service in the market, and the skills and knowledge of the founding team.

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The Briefing: Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions

LexBlog IP

Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here.

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ADR mechanisms for business

Olartemoure Blog

The Center of Arbitration of the Bogota Chamber of Commerce published the recent statistics for alternative dispute resolution mechanisms (ADR). The statistics provide insight and valuable data for users to analyze, reassuring the efficiency of ADR for resolving disputes outside of the traditional courtroom system. Figures also reveal the increase in the use of different ADR services that can be used separately, successively, or combined with other dispute resolution procedures.

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Decoding Cease-and-Desist Letters: A Guide to Navigating Wiretap Allegations Linked to Meta Pixel Use

Traverse Legal Blog

1. Introduction Uptik in Threat Letters & Legal Actions: A Wake-Up Call for Companies Using Meta Pixel In recent years, the digital landscape has become a battleground for privacy rights, with Meta Pixel at the epicenter of numerous legal disputes. Companies using Meta Pixel and similar tracking technologies increasingly face legal scrutiny. This surge is not limited to Meta alone; it extends to any organization that employs these technologies for data collection and targeted advertising.

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Copyright infringement

Olartemoure Blog

The Prosecutor’s Office and the National Police intervened several commercial premises to carry out forfeiture proceedings for the crime of copyright infringement, as several commercial premises were allegedly buying and selling duplicate books or illegal copies of them. However, the traders consider that these measures are ” excessive” as the occupation of their premises is causing the loss of jobs and also of labor that has been in business for more than 30 years, or even fam

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Spencer Fane Launches New Sports Law Practice

IP Law 360

Spencer Fane LLP has launched a sports law practice, with a team of three of its current attorneys, who will focus on name, image and likeness matters and other legal issues that overlap with their practices, the firm said Thursday.

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Deadlines for the submission of report 75

Olartemoure Blog

On September 11, 2023, the Colombian Superintendence of Companies (the “Superintendency”) issued External Circular 100-000003. The Circular establishes the deadlines and minimum requirements for the submission of Corporate Report 75, a new report providing evidence and representations regarding the implementation of AML (Anti-Money Laundering) and anti-bribery compliance programs.

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Patent Office Issued 204 Patents to Indiana Entities in July 2023

Indiana Intellectual Property Law

The U.S. Patent Office issued the following 204 patents to persons and businesses in Indiana in July 2023: PATENT NUMBER PATENT TITLE US 11708610 B2 Genetic polymorphisms associated with cardiovascular disorders and drug response, methods of detection and uses thereof US 11708582 B2 Nucleotide sequences and polypeptides encoded thereby useful for modifying plant characteristics US 11707391 B2 Hospital bed having rounding checklist US 11710149 B2 System and method for activity sum

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Security incident

Olartemoure Blog

On Tuesday September 12, following the shutdown of more than 50 applications and web pages belonging to several public entities, including the Superintendency of Industry and Commerce and the Superintendency of Health, the company IFX Networks reported the occurrence of a security issue which resulted in the shutdown of the tech supplier’s servers.

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Herbert Smith Freehills advises Hipgnosis Songs Fund on a $440m disposal of music catalogues to Hipgnosis Songs Capital

Herbert Smith Freehills

Leading international law firm Herbert Smith Freehills has advised Hipgnosis Songs Fund ("SONG") on its disposal of 29 music catalogues to Hipgnosis Songs Capital ("HSC") for $440 million. SONG is a FTSE 250 premium listed closed ended fund established to offer investors a pure-play exposure to songs and associated musical intellectual property rights.

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More, more, Moore!

Likelihood of Confusion

One of my favorite ever topics here on LOC has been the litigation brought by the University of Alabama against painter Daniel Moore for unauthorized artistic depiction of trademarks. As. The post More, more, Moore! appeared first on LIKELIHOOD OF CONFUSION™.

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[Audio] Podcast: The Briefing - Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions

JD Supra Law

Failure to disclose certain relationships with a third party may result in significant consequences from the court. Scott Hervey and Eric Caligiuri talk about this on this episode of The Briefing.

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TTAB Finds Polishing Disc Configuration Non-Functional but Lacking Acquired Distinctiveness

The TTABlog

Applicant Buff and Shine cruised past a Section 2(e)(5) functionality refusal but failed to garner the Section 2(f) checkered flag in its attempt to register the product configuration shown below as a trademark for "machine parts, namely, polishing discs for rotary machines, random-orbit machines, and other surface preparation machines for vehicles.

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Apple Faces Camera Patent Suit As iPhone 15 Preorders Start

IP Law 360

Apple Inc. is willfully infringing a patent for an ultrawide lens with its upcoming iPhone 15, claims a lawsuit filed in Delaware federal court on Friday, the same day the tech giant began taking preorders for its latest model at prices of up to $1,599.

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