September, 2021

Copyright in the Age of Bots

Plagiarism Today

If you’ve had any issues with copyright over the past few years, whether you are on YouTube, Facebook or even operating your own website, it’s probable that your issue didn’t start with a human, but with a bot.

Michelle’s Country Music Murals: An Update?

Hugh Stephens Blog

Some readers may recall two blogposts (Mural, Mural on the Wall and Were They Commissioned, One and All?) that I wrote a couple of years ago about muralist Michelle Loughery and her copyright dispute with the Merritt Walk of Stars Society.

Music 149

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

Intellectual Property Law Blog

Note: First published in The Intellectual Property Strategist and This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.

The Growing Threat of Trademark Scams – article published by ABA

Erik K Pelton

I recently co-wrote and article with Olivia Muller about the never ending threat of trademark scams. In the article we detail the scams and how they operate and what they look like, we discuss what is being done about them, and we propose some additional measures that could help defeat them.

ROM & Emulation Site Pleasuredome Shuts Down After 15 Years of Gaming


Sometime in 2004, a new site appeared hoping to provide a better service to fans of the growing video emulation scene.

The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act , which I think will be the basis of a committee markup hearing tomorrow.

Why You Should Never Use the Stock Content in a Website Theme

Plagiarism Today

Building a new website is literally easier than it’s ever been. There are countless services that will help you get started and a never-ending slew of tools to help you get your business or personal endeavor online. However, that’s not to say that there is no work.

More Trending

NFT License Breakdown: Exploring Different Marketplaces and Associated License Issues

Intellectual Property Law Blog

At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed.

Art meets crypto – traditional copyright issues in a tokenized world

JD Supra Law

Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods.

The World’s Oldest Active Torrent Turns 18 Soon


BitTorrent is an excellent distribution mechanism but, for a file to live on, at least one person has to keep sharing it. This means that most torrents eventually die after the public loses interest. However, some torrents seem to live on forever. The Fanimatrix.

Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230.

The Battle Over Poker NFTs

Plagiarism Today

From PokerPaint Websote. On September 23, the art site PokerPaint announced on their Twitter (Tweet now deleted) that they were releasing a series of Non-Fungible Tokens (NFTs) on OpenSea. The site, at that time, was fairly well known in the poker community.

Some Reflections on What Can—and Cannot—Be Protected by Copyright?

Hugh Stephens Blog

My wife was flexing her wrist, extending her forefinger and manipulating her thumb, following the instructions on the sheet in front of her that the physiotherapist had provided. She (my wife that is) had broken her wrist a few weeks earlier, in an unfortunate fall.

Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Intellectual Property Law Blog

Note: First published in The Intellectual Property Strategist and This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.

Video Gaming / E-Gaming Law Update – September 2021

JD Supra Law

Main Quest - ‘Mint’ Conditions: NFTs and Video Games - Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly common way for creators and rights holders to market digital goods.

Music 105

Iconic “Piracy Is a Crime” Domain Now Redirects to IT-Crowd Parody


Over the past decades, the entertainment industries have tried out numerous anti-piracy PSAs. One of the most iconic videos is without doubt the “You Wouldn’t Steal a Car” campaign, which has proven to be a fertile breeding ground for memes and satire.

Cinema 114

Is Your Brand Seaworthy?

Erik K Pelton

The following is an edited transcript of my video, Is Your Brand Seaworthy? Is your brand seaworthy? You’ll see what I’m talking about with my comparison of trademark and brand protection to a strong ship navigating the ocean waters.

Why Plagiarism Thrives on Facebook

Plagiarism Today

Back in August, Facebook released its “ Widely Viewed Content Report ” that attempted to showcase the type of content that was popular on the service. It included a list of the 20 most viewed posts during the second quarter of 2021, each of which received between 43.6

John Degan’s Twitter Broadside on the Access Copyright v York University Copyright Case: Right Message; Wrong Target?

Hugh Stephens Blog

John Degan is Executive Director of the Writers’ Union of Canada. I don’t know Mr. Degan nor have I ever met him but I do know that he is a passionate defender of the interests of authors, as well as being a successful published novelist and poet himself.

Webinar on ‘Trade Secret and Access to Medicine’ by CUSAT and TWN [September22]


We’re pleased to inform you that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine ” on September 22, 2021.

With Cryptocurrencies and NFTs Continuing to Boom, Financial Regulators Are Clamping Down

JD Supra Law

- With crypto investment frauds on the rise, the U.S. Securities and Exchange Commission sent a warning to investors and published an investor alert listing out possible signs of a scam.

Sci-Hub Celebrates 10 Year Anniversary By Uploading 2.3m New Articles


There are thousands of pirate sites online today and many more have come and gone over the years. In their own way, most are loved by their specific audiences but few reach achieve truly iconic status.

Why Are USPTO Trademark Applications Taking Longer Than Ever?

Erik K Pelton

The following is an edited transcript of my video, Why Are US Trademark Applications Taking Longer Than Ever? This year, one of the questions I’ve been fielding more often than ever before is “ When ? When can I expect my application to get completed? When can I expect it to get reviewed?

When Joke Theft Becomes Serious

Plagiarism Today

In September last year, UK comedian Kae Kurd took to the stage on Jonathan Ross’ Comedy Club to perform a short routine in front of a national audience. As part of that routine , Kurd told a joke about a smart refrigerator that was texting and annoying him while he was out with his friends.

Op Ed: Reflections on the American Invents Act on its Tenth Year Anniversary 


by Hon. Michelle Lee. Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. .

My Declaration Identifying Emoji Co. GmbH as a Possible Trademark Troll

Technology & Marketing Law Blog

There are dozens of federal lawsuits captioned “ Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto.

Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor”

JD Supra Law

Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot qualify as an “inventor” under the Patent Act.

Software Piracy Triggers Innovation, Research Finds


Piracy presents a major challenge for companies across different sectors, including the software industry. Many copyright holders stress that piracy hurts their bottom line. This could lead to less output and innovation. However, research has shown that this isn’t always the case.

Music 113

Anatomy of a podcast brand: Trick of the trade(mark)

Erik K Pelton

Tricks of the trade(mark)® is my podcast on branding and trademark topics. You can listen to episodes (be sure to subscribe!) here: Web. Apple iTunes. Spotify. The post Anatomy of a podcast brand: Trick of the trade(mark) appeared first on Erik M Pelton & Associates, PLLC

Understanding the Pearson v. Chegg Copyright Infringement Lawsuit

Plagiarism Today

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site.

Pride in Patent Ownership Act


by Dennis Crouch. A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” ” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest.

The Liberal Election Platform: Government Picks Internet Regulation Over Internet Affordability

Michael Geist

The Liberal party released its election platform yesterday and perhaps everything you need to know can be gleaned from the fact that Canadian Heritage Minister Steven Guilbeault posted multiple tweets about plans for new cultural spending initiatives and Internet regulations in French without a single English language tweet.

The U.K. National AI Strategy Begins with Consultations on Copyright, Patent, and Data Protection Regime

JD Supra Law

The U.K. released a National AI Strategy with a ten-year plan to make Britain a global AI superpower in our new age of artificial intelligence. The Strategy intends to “signal to the world [the U.K.’s]

Netflix Movie Screeners Leak on Pirate Sites Before Official Premiere


Pirated copies of movies leak all year round, usually after they come out on streaming services or through digital release. That by itself is nothing special. Screener releases are a notable exception to this rule.

Monitoring for trademark infringements doesn’t need to be costly or expensive

Erik K Pelton

The following is a transcript of my video, How to Monitor for Infringements. In the past, I’ve talked about some of the ways to keep a trademark strong over time, and some of the things that brand owners must do with their trademarks even after they’re registered.

When Should You Run a Plagiarism Check of Your Work?

Plagiarism Today

As more and more schools and private companies begin using automated plagiarism detection tools, it’s becoming increasingly common for students, authors and journalists to run plagiarism detection software on their work.

As Expected, Malwarebytes Defeats Enigma’s Lawsuit Without Section 230’s Help

Technology & Marketing Law Blog

photo by Anik Shrestha, [link]. Malwarebytes and Enigma offer competitive anti-threat software. Malwarebytes classified Enigma’s software as a “potentially unwanted program,” or PUP, and quarantined the programs. Enigma sued Malwarebytes for that classification/quarantine.