September, 2023

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[Guest post] Artificial Intelligence and (hopefully) the death of copyright

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI.

Copyright 138
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The World’s Oldest Active Torrent Turns 20 Years Old

TorrentFreak

In 2003, the World Wide Web was still in its infancy. Dial-up connections were still the default and YouTube, Facebook, and Gmail had yet to be invented. There was a new technology making waves at the time. BitTorrent made it much easier for people to transfer large files, opening the door to unlimited video-sharing without restraints. Many people started experimenting with BitTorrent by sharing pirated films and TV shows.

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Another AI Copyright Registration Rejected

Plagiarism Today

A famous AI-generated piece of art has been rejected by the US Copyright Office. Here's why the decision matters and what it means. The post Another AI Copyright Registration Rejected appeared first on Plagiarism Today.

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A Tale of Two Copyrights

Hugh Stephens Blog

Registration of AI-Generated Works in the United States and Canada: A Comparison Credit: Shutterstock Human Creation The question of whether works that are generated in whole or part by Artificial Intelligence (AI) should enjoy copyright protection is a hot topic at the moment.

Copyright 290
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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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A 4% Link Tax: Why the Government’s Draft Bill C-18 Regulations Just Increased the Chances of No News on Meta and Google in Canada

Michael Geist

The government is releasing its draft regulations for Bill C-18 today and the chances that both Google and Meta will stop linking to news in Canada just increased significantly. In fact, with the government setting an astonishing floor of 4% of revenues for linking to news, the global implications could run into the billions for Google alone. No country in the world has come close to setting this standard and the question the Internet companies will face is whether they are comfortable with the

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A ‘Disgraceful and Insulting’ Decision: Judicial Council Officially Suspends Newman for One Year, Claiming ‘Serious Misconduct’

IP Watchdog

Just two days after hundreds in the intellectual property community stood for U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman following her thoughtfully delivered words at IPWatchdog LIVE 2023, the CAFC’s Judicial Council released a 375-page Order suspending Judge Newman from all cases. The order upholds the July 31 recommendation of the Special Committee that is investigating Judge Pauline Newman that Newman be suspended from taking on case assignments for one year, “o

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TV Museum Will Die in 48 Hours Unless Sony Retracts YouTube Copyright Strikes

TorrentFreak

The advent of the internet and its subsequent development in the mainstream have given rise to a perpetual, collaborative, global recording machine that would’ve been unimaginable 40+ years ago. Back then, videotape recording machines were cutting edge and a type developed by Sony was fighting for its life. Since Sony’s Betamax-format recorders were able to record TV shows, studios including Universal and Disney sought to hold Sony liable for users’ alleged copyright infringeme

Copyright 144
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Is Google Favoring AI Content?

Plagiarism Today

A recent algorithm change at Google has many webmasters angry as their traffic tanks while AI-generated pages outrank them. Here's why. The post Is Google Favoring AI Content? appeared first on Plagiarism Today.

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India Government Adopts New Tool to Tackle Film Piracy and Modernizes Content Classification

Hugh Stephens Blog

On August 4, 2023, India’s Cinematograph (Amendment) Bill, 2023, received Presidential assent and became the law of the land. Enactment marked the culmination of a decades-long process to update the country’s anti-piracy laws by cracking down on camcording in theatres and imposing significant penalties for distribution of illegally recorded films.

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A Reality Check on the Online News Act: Why Bill C-18 Has Been a Total Policy Disaster

Michael Geist

Prime Minister Justin Trudeau was asked this week about concerns with the implementation of Bill C-18, to which he responded that other countries are quietly backing Canada in its battle against tech companies. I posted a reality check tweet noting that Meta is not returning to news in Canada, the law’s regulation stipulating a 4% fee on revenues is not found anywhere else, and that Bill C-18 has emerged as a model for what not to do.

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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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Artificial Intelligence in Drug Development: Patent Considerations

IP Watchdog

Artificial intelligence (AI) is a field of computer science that creates software or models that mimic human reasoning or inference. Machine learning is a subset of AI which uses algorithms trained on massive amounts of data to allow the computer to learn with gradually improving accuracy without explicitly being programmed. The biopharmaceutical and healthcare fields produce massive amounts of data, including properties and characteristics of drug compounds, biological, genomic, and clinical da

Patent 132
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European Parliament approves Regulation for Non-Agri Geographical Indications

The IPKat

Yesterday, the European Parliament adopted the Regulation on geographical indication (GI) protection for craft and industrial products, also known as non-agri GIs. This will create a new, EU-wide system of sui generis GI protection for products such as ceramics or knives. The adopted text is available here. Up until now, only wine, spirit drinks and agricultural products could benefit from EU-wide GI protection.

Art 131
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The Pirate Bay Celebrates Its 20th Anniversary

TorrentFreak

During the summer of 2003, Swedish pro-culture organization Piratbyrån was making a name for itself; sharing news and educating people on how they could share media online. What the group’s members didn’t realize at the time, is that the plans they made would create a ripple effect that still has an impact decades later. Like many other people mesmerized by the unbridled ability to share files over the Internet, the new BitTorrent protocol caught Piratbyrån’s eye.

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How to Teach Paraphrasing

Plagiarism Today

Far too many students don't know how to properly paraphrase. Here's how to teach the concept and help students get caught up. The post How to Teach Paraphrasing appeared first on Plagiarism Today.

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The UK government’s steps towards a code of practice on copyright and AI

Kluwer Copyright Blog

Photo by Possessed Photography on Unsplash The UK government has recently announced its plans to introduce a code of practice on copyright and artificial intelligence (AI). The guidance and all supporting documents can be found here. This goes in line with the government’s ten-year National AI Strategy , for the UK to remain a global AI superpower and for AI companies to start and grow in the UK.

Copyright 130
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The Need for Truthful Accountability: What ATIP Records Tell Us About Pablo Rodriguez and Canadian Heritage Funding an Anti-Semite

Michael Geist

The past few days have been painful to watch as Canadian politicians grapple with the aftermath of recognizing and applauding a Nazi in the House of Commons. The episode and its response brings back memories from last year’s discouraging response to revelations that Canadian Heritage’s anti-hate program had provided funding to Laith Marouf, a known anti-semite.

Blogging 142
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Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision

IP Watchdog

On September 7, the U.S. Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. v. Haribo of America Inc. In affirming the district court’s grant of summary judgment, the Third Circuit found that PIM’s federally registered trademark to a wedge-shaped candy with green, white and red stripes should be canceled because the mark as a whole identifies the candy’s flavor.

Trademark 132
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[Guest post] Deepfake it till you make it: How does AI relate to postmortem personality rights?

The IPKat

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. Here’s what they write: Deepfake it till you make it: How does AI relate to postmortem personality rights?

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LaLiga “Talks to Google” About Deleting Piracy Apps From a Million Phones

TorrentFreak

An event organized by Spanish football league LaLiga took place at the Museum of Arts and Sciences of Valencia yesterday. LaLiga were joined at “Fight Against Piracy in Sporting Events” by Víctor Francos Díaz , Spain’s recently appointed Secretary of State for Sports and president of the Higher Sports Council (CSD), and MEP Iban García del Blanco.

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A.V. Club’s AI Reporter Plagiarized IMDb

Plagiarism Today

A report by Futurism points out plagiarism by A.V. Club's AI reporter. Here's why it matters, even if the company doesn't seem to care. The post A.V. Club’s AI Reporter Plagiarized IMDb appeared first on Plagiarism Today.

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Internet TV services under the scrutiny of EU copyright law: CJEU ruling in Ocilion

Kluwer Copyright Blog

Photo by Kelly Sikkema via Unsplash With the Court of Justice of the EU (CJEU) restarting its activities after the vacation break, we look back to one of the late-summer judgement, standing out for its technical, yet impactful character. In Case C-426/21 , the CJEU looked into the complicated relationship between copyright law and online television services.

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Why The Government’s Bill C-18 Draft Regulations Do Little to Ensure More Spending on Journalists or News Content

Michael Geist

The government released its draft Bill C-18 regulations on Friday ahead of the Labour Day weekend, but ironically those regulations do very little to ensure that new funding will be allocated toward employing journalists. While the regulations establish what amounts to a minimum 4% link tax on Google and Meta if they link to news content, they set no minimum requirements to spend the resulting revenues on journalists or news content.

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Judge Newman Gets Standing Ovations During Induction into IPWatchdog Masters Hall of Fame; Presents First Ever Pauline Newman Award

IP Watchdog

Judge Pauline Newman, who is currently in the midst of a very public fight with the Chief Judge of her court, received two lengthy standing ovations at IPWatchdog LIVE on Monday as she accepted her induction into the IPWatchdog Masters Hall of Fame, and also presented the inaugural Pauline Newman Award to Henry Hadad of Bristol-Myers Squibb. Newman had a message for those in attendance that hinted at the need for a possible “major upheaval” of the judicial system for IP rights.

IP 128
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Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns

JD Supra Law

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective purposes. As nonprofit executives, you may be wondering how AI intersects with intellectual property and data privacy law, and how it could affect your organization.

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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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Why Fables is NOT Public Domain (Yet)

Plagiarism Today

Bill Willingham, the creator of the Fables, says he has placed the universe in the public domain. However, it's not that simple. The post Why Fables is NOT Public Domain (Yet) appeared first on Plagiarism Today.

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The Intersection of Artificial Intelligence and Copyright

Velocity of Content

Copyrighted material is fuel for AI systems. Voluntary collective licensing is an effective solution enabling the use of copyrighted material as society realizes the benefits promised by AI systems. I invite our Velocity of Content blog readers to check out CCC’s “ Intersection of AI & Copyright ” page. It features a memo by IP and AI law expert Professor Daniel Gervais of the Vanderbilt Intellectual Property Program, where he addresses key copyright questions posed by AI technologies.

Copyright 124
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Federal Court Approves Consent Order Requiring Minister Steven Guilbeault to Unblock Ezra Levant on Twitter

Michael Geist

The Federal Court has approved a consent order requiring Environment and Climate Change Minister Steven Guilbeault to unblock Rebel News publisher Ezra Levant on Twitter. The order stems from a 2021 lawsuit filed by Levant which argued that blocking “violated the Applicants’ constitutional rights under section 2(b) of the Canadian Charter of Rights and Freedoms in blocking access to official governmental Twitter accounts, and thereby limiting the Applicants’ ability to, inter alia, access and co

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More Authors Sue OpenAI for Copyright Infringement

IP Watchdog

A Pulitzer Prize-winning author and a number of Tony, Grammy and Peabody award winners are the latest to sue OpenAI for copyright infringement based on the way it trains its popular chatbot, ChatGPT. In July, comedian Sarah Silverman and authors Christopher Golden and Richard Kadrey brought a similar suit against OpenAI.

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EUIPO shoots down application to register virtual firearm as a trade mark

The IPKat

In a recent decision ( R 275/2023-4 ), which is particularly meaningful to anyone wondering about trade mark protection in virtual worlds, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative representation of a virtual firearm lacked the requisite distinctive character to be a registered as a trade mark.

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X Clearly Profits from Widespread Music Piracy, Labels Argue

TorrentFreak

Earlier this year, Universal Music, Sony Music, EMI and others filed a complaint at a Nashville federal court, accusing Elon Musk’s X Corp of “breeding” mass copyright infringement. The company behind X allegedly fails to properly respond to takedown notices and lacks a proper termination policy for repeat infringers. As a result, X is reportedly rife with music piracy.

Music 127
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Barstool Sports Accused of Content Laundering

Plagiarism Today

Barstool Sports is again facing allegations of content laundering, this time with proof of at least 40 burner Twitter accounts. The post Barstool Sports Accused of Content Laundering appeared first on Plagiarism Today.

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United in Memory: The Effects of September 11 Still Reverberate Today

U.S. Department of Commerce

United in Memory: The Effects of September 11 Still Reverberate Today September 11, 2023 KCPullen@doc.gov Mon, 09/11/2023 - 09:35 First responder network By Joe Wassel, Executive Director and CEO, First Responder Network Authority September 11 irrevocably altered the lives of Americans. Today, on the anniversary, we solemnly reflect on that fateful day and its impact on our nation.

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Discovering the Limit: Calculating the Copyright Damages Timeline

Patently-O

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. 17 U.S.C. 507(b). It is somewhat surprising then that the Supreme Court has just granted certiorari in a case asking whether the statute “precludes retrospective relief for acts that occurred more than three years before the filing of a lawsuit.” Warner Cha

Copyright 123
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U.S. Chamber Announces Framework Aimed at Reshaping National IP Narrative

IP Watchdog

On September 13, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) announced that it had joined with 30 other signatories to publish a framework of intellectual property principles designed to maintain America’s global lead in innovation. Supported by a coalition of well-recognized individuals and trade organizations long supporting greater certainty in patent rights, the framework of IP principles is intended to serve as a guidebook for policymakers who want to address genui

IP 126