August, 2023

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Amazon and the Problem of Reverse Plagiarism

Plagiarism Today

Author Jane Friedman faced an unusual problem: Reverse plagiarism. However, it's becoming much more common and the industry is not ready. The post Amazon and the Problem of Reverse Plagiarism appeared first on Plagiarism Today.

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What Does It Mean to be Human: Copyright Office Confirms That AI-Generated Works Are Not Works of Human Authorship

JD Supra Law

The U.S. District Court for the District of Columbia recently found that human prompting of AI-generated works does not satisfy the “authorship” requirement for copyright protection. Under the Copyright Act of 1976, copyright protection attaches “immediately” upon the creation of “original works of authorship fixed in any tangible medium of expression,” provided those works meet certain requirements.

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Google Removes ‘Pirate’ URLs from Users’ Privately Saved Links

TorrentFreak

For many people, Google is the go-to starting point when they need to find something on the web. With just a few keystrokes, the search engine can find virtually anything. The company also has many other tools to browse and organize the web, including the Chrome browser and YouTube. All these products and services fall under the umbrella of the company Alphabet.

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When will the Trudeau Government act on Promised Copyright Reform?

Hugh Stephens Blog

On August 3, almost 30 organizations,[i] representing 50,000 Canadian writers, visual artists and publishers released an open letter to newly appointed Heritage Minister Pascale St. Onge urging her to tackle “meaningful copyright reform”. That is the code-word for the need to end the current free-riding by the education sector–elementary, secondary and post-secondary–in Canada (outside Québec) … Continue reading "When will the Trudeau Government act on Promised Copyright Reform

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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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Movie Copyright Cases Filmmakers Should Know: Part 3, Copyright Authorship

Copyright Alliance

This is the third and final edition of our blog on insightful movie copyright cases for film and TV industry professionals. Part 1 of the blog addressed copyright infringement and […] The post Movie Copyright Cases Filmmakers Should Know: Part 3, Copyright Authorship appeared first on Copyright Alliance.

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U.S. Copyright Office Issues Notice of Inquiry on Wide Range of Copyright Issues in Generative AI Systems

IP Watchdog

On August 30, the U.S. Copyright Office issued a notice of inquiry in the Federal Register seeking public comment on a range of issues related to the intersection of copyright law and artificial intelligence (AI). The recent notice is the latest action by the Office on the myriad of copyright issues that have been arising around the use of generative AI platforms including infringement liability for training AI systems on copyrighted content and human authorship requirements.

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Energy & Sustainability IP Updates - August 2023

JD Supra Law

In litigation news. For the third consecutive month, Tesla finds itself involved in a new patent infringement lawsuit, this latest time as a defendant in an action filed by Graphite Charging Company LLC on August 4, 2023 in the Western District of Texas.

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PTO Allows Another Bite at the Apple

The IP Law Blog

On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute proceedings under the America Invents Act. Those proceedings include inter partes review and post grant review.

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Google Blocked My News Search—So I Used Bing and Got the Information I Needed, Instantly!

Hugh Stephens Blog

Like many people, my daughter is interested in acquiring a hybrid vehicle, to save on gas and to help save the planet. Among the models she has been looking at is the Toyota Prius, so when I saw a review of the 2023 Prius in the Driving section of my local paper, the Victoria Times-Colonist, … Continue reading "Google Blocked My News Search—So I Used Bing and Got the Information I Needed, Instantly!

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Smells like Luxury, Does it Cost a Trademark Battle?

SpicyIP

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. We are pleased to bring you a guest post by our former SpicyIP Intern Ishant Jain, who shares his opinion on this question.

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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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Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Technology & Marketing Law Blog

A Twitter user sued over his account suspension. The court dismissed the case without prejudice. Blog post coverage of that ruling here. The user tried again. Same result. Section 230. Twitter qualifies for the standard three-element test for 230: Twitter is an ICS provider. “Plaintiff seeks to hold Twitter liable for decisions regarding “information provided by another information content provider”—that is, information he and the third-party user, rather than Twitter, provided.” 

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US Copyright Office Seeks Comment on AI

Plagiarism Today

The US Copyright Office has announced a new public comment period on the subject of AI and copyright. Here's how to participate. The post US Copyright Office Seeks Comment on AI appeared first on Plagiarism Today.

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District Court Rules that AI-Generated Works Cannot Be Copyrighted

JD Supra Law

The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v. Shira Perlmutter and The United States Copyright Office (1:22-cv-01564) (June 2, 2022).

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Premier League Declares War on IPTV Piracy From Behind a Paywall

TorrentFreak

The recent release of The Pirates vs The Premier League podcast series was a great opportunity to hear fresh voices and opinions on the Premier League’s piracy problems. The Premier League has had piracy issues since its inception, although fundamentally no different to those endured by its broadcasting partners years before the Premier League even existed.

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Online Safety and Free Expression—What Happens When “State Actors” Abuse the Digital Commons?

Hugh Stephens Blog

The platform for exchange of ideas and expression provided by the internet is, as I think everyone today now knows, a two-edged sword. It can empower thinkers and promote freedom, but it can also provide a platform for anonymous spewers of hatred and misinformation in all its forms. The question of who is responsible for … Continue reading "Online Safety and Free Expression—What Happens When “State Actors” Abuse the Digital Commons?

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SpicyIP Tidbit: Some Strengthening of the Right to Information Act, 2005 From the Judicial Side

SpicyIP

Image from studio tdes here Right to Information (RTI) Act, 2005 has been in the news for the last few days, especially for its dilution at the hands of the Digital Personal Data Protection Act, 2023 which takes away the public interest test while exempting personal information from the RTI Act. (See here and here for more on this). While this move has the potential to severely impact the efficacy of the RTI Act, I recently came across two other cases that can strengthen the RTI framework.

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Ed Sheeran US music copyright infringement case, it's not over yet

The IPKat

Three US cases were brought claiming that the song Thinking Out Loud performed by Ed Sheeran, copied Let’s Get It On performed by Marvin Gaye. These cases have been on-going for approximately 35 cat-years or five human years. A summary judgment was previously denied - covered here. As such, the case proceeded to trial in April 2023 in a US Federal Court in Manhattan.

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3 Count: Don’t Be Shy

Plagiarism Today

Karol G faces lawsuit over Don't Be Shy, UK MPs push back on AI proposal and Google removes infringing links from private saves. The post 3 Count: Don’t Be Shy appeared first on Plagiarism Today.

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AI-Generated Works Cannot Be Copyrighted Because They Lack Human Authorship

JD Supra Law

One of the hot-button issues that generative artificial intelligence (AI) has raised is whether works created by AI engines are copyrightable. In one of the first decisions on this issue, the D.C. District Court recently found that works created solely by AI engines are not eligible for copyright protection.

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Congratulations to the 2023 Class of Sustainability, Energy, and Environmental (SEE) Ambassadors!

U.S. Department of Commerce

Congratulations to the 2023 Class of Sustainability, Energy, and Environmental (SEE) Ambassadors! August 31, 2023 ASowah@doc.gov Thu, 08/31/2023 - 11:00 Pictured above: The 2023 Class of SEE Ambassadors. The Sustainability, Energy, and Environmental (SEE) Ambassadors program recognizes individual Departmental employees for their outstanding performance in implementing exceptional cost-saving projects and/or programs that help improve the Department’s sustainability, energy and water efficiency,

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What Does the Valancourt Decision Mean for Most Creators?

The Illusion of More

As discussed in an earlier post, Valancourt Books, a small, on-demand publisher, filed suit against the Copyright Office and the Department of Justice and argued that the Office’s demand for physical copies of published books is unconstitutional. Valancourt alleged that the authority granted by §407 of the Copyright Act to demand the copies (or be […] The post What Does the Valancourt Decision Mean for Most Creators?

Copying 101
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SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines

SpicyIP

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. The role of these manuals and guidelines is paramount as they help in implementing the provisions of the Statute and Rules in a more streamlined manner by the officers and gives an insight

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This is the last SLANTS song I’ll ever sing for you

Likelihood of Confusion

For now. It was exciting last Friday, arguing the appeal of the THE SLANTS*, at the Court of Appeals for the Federal Circuit! A little too exciting, so much so. The post This is the last SLANTS song I’ll ever sing for you appeared first on LIKELIHOOD OF CONFUSION™.

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What is Next for Essay Mills?

Plagiarism Today

When students who want to cheat can generate an essay on the spot, what will essay mills do to keep customers buying? The post What is Next for Essay Mills? appeared first on Plagiarism Today.

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How to start a side business

Legal Zoom

If you've dreamed of starting side business for extra income or to pursue a passion, be sure you're prepared with the right business setup, the right tools, and the right attitude.

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OpenAI Asks Court to Dismiss Authors’ Copyright Infringement Claims

TorrentFreak

Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. There are potential downsides as well. From a copyright perspective, AI brings up some interesting questions. For example, can content created by an AI be copyrighted? And can an AI be trained on copyrighted works without limitation? Authors Sue OpenAI According to several authors, large language model training sets shouldn’t be permitted to use every piece of text they come across onl

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TTAB Says Character In Video Game Fails To Function As TM

IP Law 360

Federal trademark officials have backed a decision denying a video game developer's bid to register a mark on an image associated with a computer game, saying identifying just a character isn't protected.

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Publicly Traded International Patent Firm IPH Continue Growth through Acquisition

Patently-O

by Dennis Crouch The publicly traded Australian company IPH Limited continues expanding its global intellectual property services empire. IPH’s latest acquisition is the Canadian IP firm Ridout & Maybee for $65 million Canadian dollars. This comes just 10 months after IPH purchased Canada’s largest IP firm, Smart & Biggar. Ridout & Maybee will merge into Smart & Biggar, further consolidating IPH’s presence in Canada.

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The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules

SpicyIP

Image from here On August 23, the Draft Patent (Amendment) Rules, 2023 , were published in the Gazette of India, inviting public comments by September 22. Since then, the Rules have been extensively discussed within the IP community, especially the potential impact they may have on the patent opposition mechanism. While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the pres

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CCB Awards Photographer $3K in Default Decision

Plagiarism Today

The Copyright Claims Board has issued another decision, this time awarding $3K to a photographer in a default judgment. The post CCB Awards Photographer $3K in Default Decision appeared first on Plagiarism Today.

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Biden-Harris Administration Announces Nearly $3.5 Million in Internet for All Grants to Tribal Lands

U.S. Department of Commerce

Biden-Harris Administration Announces Nearly $3.5 Million in Internet for All Grants to Tribal Lands August 25, 2023 KCPullen@doc.gov Fri, 08/25/2023 - 09:35 Infrastructure The Department of Commerce’s National Telecommunications and Information Administration (NTIA) announced it has awarded seven grants totaling nearly $3.5 million to seven Tribal entities as part of the Tribal Broadband Connectivity Program (TBCP).

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The New York bar exam — “The Endless Summer”

Likelihood of Confusion

In 1989, when I was still a contributing editor to the ABA’s Student Lawyer magazine, I wrote an article describing, in somewhat purple hues, the experience of preparing for the. The post The New York bar exam — “The Endless Summer” appeared first on LIKELIHOOD OF CONFUSION™.

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Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases

Copyright Alliance

Moviegoers may be familiar with the cinematic musings of actress Nicole Kidman: “We come to this place for magic. That indescribable feeling we get when the lights […] The post Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases appeared first on Copyright Alliance.

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Guest Post: Diversity Pledge: Boosting Innovation and Competitiveness

Patently-O

By: Suzanne Harrison , Chair of the Patent Public Advisory Committee (PPAC) at the USPTO. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here. In July 2021, the USIPA hosted a DEI in innovation conference and launched The Diversity Pledge, alongside 30 founding Pledgee companies who agreed to increase the

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This Week in Washington IP: Improving Invention Education, Intellectual Property Rights During Public Health Emergencies, and the State of the Chinese Economy

IP Watchdog

This week in Washington IP news, as a new school year begins, the United States Patent and Trademark Office (USPTO) looks at the latest research on invention education. Congress is still on vacation, yet hot topic issues are still being discussed elsewhere, including the Center for Strategic and International Studies (CSIS) looking at the state of the Chinese economy, and the American Enterprise Institute discussing what the U.S. federal government can do to patent rights during a public health