October, 2022

Will the “Artists’ Resale Right” Come to Canada and the US?

Hugh Stephens Blog

Well over half the world (more than 90 countries from Algeria to Venezuela, with all of the members of EU, Britain, Australia, Mexico and many African countries included) have an Artists’ Resale Right (ARR) in their copyright law, but not North America north of the Rio Grande—except for California.

5 Spooky Articles About Copyright and Halloween

Plagiarism Today

As many long-time readers likely know, most Halloweens I help operate a neighborhood haunted house and, as a result, I usually take some time away from the site in late October. However, for the past few years, the haunt has been closed.

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Takeaways From the U.S. Patent and Trademark Office’s Artificial Intelligence and Emerging Technologies Partnership Series – Part Two of Three

Intellectual Property Law Blog

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series.

Government Moves to Block Dozens of Potential Witnesses as it Shuts Down Bill C-18 Hearings

Michael Geist

Earlier this year, the government deployed disturbing anti-democratic tactics by repeatedly cutting off debate on Bill C-11 in both the House of Commons and during clause-by-clause review of the bill.

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.

House of The Dragon Season Finale Leaks Early on Pirate Sites

TorrentFreak

The debut of HBO’s “ House of the Dragon ” in August didn’t disappoint. Since then it has averaged dozens of millions of views per episode. The show was also an instant success on pirate sites where, in true Game of Thrones spirit , it was leaked before the official premiere.

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AI and Computer-Generated Art: Its Impact on Artists and Copyright

Hugh Stephens Blog

If you are not an early tech adopter, you may not have heard of, or heard much about, DALL-E 2.

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The Tainted Legacy of Paul McCrory

Plagiarism Today

Paul McCrory. According to Retraction Watch , former prominent concussion researcher Paul McCrory has drawn another 9 transactions as the British Journal of Sports Medicine and its publisher, BMJ, continues their investigation into his library of work.

Key Rules and Cases for Patent Practitioners Working on AI Patent Applications

Intellectual Property Law Blog

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space.

Canadian Heritage Minister Pablo Rodriguez’s Credibility Problem, Part One: The Laith Marouf/CMAC Issue

Michael Geist

Canadian Heritage Minister Pablo Rodriguez appeared before the Standing Committee on Canadian Heritage on Friday for one hour and walked away with a serious credibility problem.

Website terms of service – enforceable or preempted?

JD Supra Law

There is a deepening circuit split on whether the US Copyright Act preempts contract claims arising from terms of service. A recent petition to the US Supreme Court by a song lyrics website highlights this, with potentially broad implications for the enforceability of website terms of service.

Robot War at ITC Leads to Preliminary Win for iRobot

IP Watchdog

Roomba maker IRobot Corp. came closer to its goal of knocking down cheaper rival SharkNinja after winning a decision in its patent-infringement case at the International Trade Commission (ITC/Commission), though it wasn’t a clear victory.

The DEPA : A Good Beginning, but a Blind Spot re Intellectual Property? (Let’s Take a “DEPA Dive”)

Hugh Stephens Blog

Among the plethora of plurilateral trade agreements covering the Asia Pacific region and beyond—the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), the Regional Comprehensive Economic Partnership (RCEP), and the Pacific Alliance—there is yet another— one you may not have heard of. The DEPA.

Why Bots Shouldn’t Decide Copyright Cases

Plagiarism Today

Last week, a judge in the Ed Sheeran Thinking Out Loud case denied a motion for summary judgment , setting the case on the path toward an eventual trial. The case pits Sheeran against Structured Asset Sales, a company that owns a one-third stake in the copyrights of Ed Townsend.

Online Piracy Continues to Rise With the US Firmly in the Lead

TorrentFreak

Despite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide. New data released by UK-based piracy tracking company MUSO shows that pirate sites remain very relevant.

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Government Funding For an Anti-Semite: They Knew For a Month. And Did Nothing.

Michael Geist

The Laith Marouf/CMAC incident took another turn today as Globe and Mail has a report that the Prime Minister’s Office knew for a month that the government was funding an anti-semite as part of its anti-hate program. And it did nothing.

Trademark Protection for Bands and Musicians

Erik K Pelton

The following is an edited transcript of my video Trademark Protection for Bands and Musicians.

Music 141

The Pride in Patent Ownership Act is Big Tech Boondoggling

IP Watchdog

The Pride in Patent Ownership Act, S.2774, is currently being attached to the National Defense Authorization Act (NDAA). The NDAA is “must pass” legislation funding the military at a time when wars are brewing around the world, some with credible threats of nuclear war.

Canada’s Online News Act: Parliamentary Hearings Continue (My Testimony)

Hugh Stephens Blog

Lawyer Sanctioned for Plagiarizing Opposing Counsel

Plagiarism Today

The boundaries of plagiarism vary wildly depending on the type of, the field that it is in, and the expectations of the audience. For example, a fiction author isn’t held to the same standards as an academic scholar, who isn’t held to the same standards as a songwriter.

RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat

TorrentFreak

Artificial Intelligence (AI) is a buzzword that’s frequently used by startups and established businesses in the tech industry. In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well.

Music 102

The House of Commons Committee Process is Broken

Michael Geist

Over the past year, I have watched an unhealthy amount of House of Commons and Senate committee hearings. In fact, in recent months I may have watched more of the Standing Committee on Canadian Heritage than Netflix, given hearings on Bill C-11, C-18, and the Laith Marouf issue.

Study Finds That Americans Have the Wrong Impression About Intellectual Property

IP Close Up

An survey of more than 1,000 Americans from all walks of life has made clearer the extent to which people are confused about the purpose Continue reading.

Chinese Patent Office Plans to Crack Down on Abnormal Patent Applications

IP Watchdog

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents.

State vs. Federal Trademark Registration

Erik K Pelton

The following is an edited transcript of my video State vs. Federal Trademark Registration.

The Ethical and Legal Challenges of GitHub Copilot

Plagiarism Today

Earlier this week, developer and professor of Computer Science at Texas A&M Tim Davis took to Twitter to highlight how GhitHub’s artificial intelligence coding tool Copilot, was producing code very similar to his own, showing a side-by-side comparison of the two snippets.

Most Pirates Skipped the Leaked ‘House of the Dragon’ Season Finale

TorrentFreak

With many millions of viewers on official platforms, “House of the Dragon” has had an excellent debut season. The Game of Thrones prequel could also count on plenty of interest on pirate sites, where it’s been the most sought-after title of the past few weeks. HBO Responds.

United States: USPTO Grants Registration of SCOTCH WHISKEY as Certification Mark

JD Supra Law

The United States Patent and Trademark Office (USPTO) has granted the application of the Scotch Whisky Association (SWA or Association) to register SCOTCH WHISKY as a certification mark for “whisky produced in Scotland according to specific standards.”

AI art and Indian copyright registration

SpicyIP

AI generated art is in full swing and the Indian Copyright Office is confused. AI generated art is created autonomously by artificial intelligence without creative contribution from humans (see below the image Dall-E 2 created with my prompt “a machine painting a canvas”).

This is No Time for Another TRIPS Blunder

IP Watchdog

With all of the problems besetting us, you might think that the last thing we need right now is another give-away of critical technologies, but that could be about to happen.

Color trademarks case study: T-Mobile magenta

Erik K Pelton

Nontraditional trademarks include sounds, scents, motions, lighting, colors, and more. Color marks are relatively rare and must meet additional requirements. In this episode, we cover the basics about color marks and T-Mobile’s trademark registration for magenta.

5 Things Teachers Need to Know When Talking to Students About Plagiarism

Plagiarism Today

Talking about plagiarism, attribution and citation with students is a serious challenge. . These are inherently nuanced issues and, often times, the best questions don’t have clear or bright line answers.

TikTok Blocks Z-Library Hashtag Pending Piracy Investigation

TorrentFreak

While movie and music piracy tends to generate the most headlines, the publishing industry is facing similar issues.

Exploring SBOMs and Software Escrow: Strategies for Securing OT Supply Chains

JD Supra Law

“Timely and secure information sharing can bridge the gap between vulnerability and security.” This was a key message from a recent webinar on ICS & OT Supply Chain Risk Management presented by Information Security Media Group.