December, 2023

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Winnie the Pooh’s Copyright (and Other) Wars

Hugh Stephens Blog

Image: [link] I am sure you are all familiar with the books by the British writer A.A. Milne about Winnie the Pooh-bear and his friends, Eyeore, Piglet, Kanga, Roo, Rabbit, Owl, Tigger, and their adventures with Christopher Robin, who was Milne’s son.

Copyright 214
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Understanding the Claudine Gay Plagiarism Scandal

Plagiarism Today

Harvard President Claudine Gay is under fire not just for her answers before Congress, but allegations of plagiarism. Here's what's going on. The post Understanding the Claudine Gay Plagiarism Scandal appeared first on Plagiarism Today.

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Artificial Intelligence and Copyright in China: Lessons from a Recent Court Case

Patently-O

by Dennis Crouch Thus far US copyright and patent tribunals have refused to award rights for AI generated works. China has begun its move in the opposite direction with the recent decision granting rights to an artist who created an image using the popular generative AI system Stable Diffusion. The case of Li v. Liu was decided by the recently Beijing Internet Court.

Copyright 139
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The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law

Michael Geist

After years of battles over Bills C-11 and C-18, few Canadians will have the appetite for yet another troubling Internet bill. But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention.

Law 145
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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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‘The Last of Us’ Is The Most Pirated TV Show of 2023

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV shows among torrenting pirates. For several years in a row, the list was headed by Game of Thrones but that reign came to an end after the series ended. In the years that followed, Disney+ releases stepped in to fill the void, with ‘Wandavision’ and ‘The Mandalorian’ taking wins in 2020 and 2021 respectively.

Reporting 144
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Generative AI, Copyrighted Works, and the Quest for Ethical Training Practices

Copyright Alliance

The legal and ethical concerns surrounding generative artificial intelligence (AI) systems being trained on copyrighted works are currently under scrutiny, with the U.S. Copyright Office conducting an Artificial Intelligence Study […] The post Generative AI, Copyrighted Works, and the Quest for Ethical Training Practices appeared first on Copyright Alliance.

Copyright 144

More Trending

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Should Students Stop Using Grammarly?

Plagiarism Today

A viral TikTok warns students, if your work is submitted to Turnitin, you need to uninstall Grammarly. Is this true and, if so, why? The post Should Students Stop Using Grammarly? appeared first on Plagiarism Today.

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Copyright Office Affirms its Fourth Refusal to Register Generative AI Work

IP Watchdog

On December 11, the Review Board of the U.S. Copyright Office (USCO) released a letter affirming the USCO’s refusal to register a work created with the use of artificial intelligence (AI) software. The decision to affirm the refusal marks the fourth time a registrant has been documented as being denied the ability to obtain a copyright registration over the output of an AI system following requests for reconsideration.

Copyright 141
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The Vespa appearance: Italian Supreme Court considers that its artistic value may preclude trade mark protection (due to substantial value absolute ground)

The IPKat

A Vespa LX Last week was an eventful one for Piaggio, the Tuscan ( ) company that has developed and owns the iconic (yes, you can say that: read on) Vespa. First, on 28 November, the Italian Supreme Court issued what appears to be a key – yet questionable – judgment ( decision 33100/2023 ), tackling the interplay between different IP rights and addressing among other things whether and to what extent an object protected by copyright (as Vespa is, under Italian law) can be precluded trade mark re

Designs 134
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Science Fiction and Fantasy Writers Take Aim at AI Freeloading

TorrentFreak

Over the past year, artificial intelligence enjoyed its mainstream breakthrough. The instant success of ChatGPT and follow-up releases of other large language model-based tools kickstarted what many believe is a new revolution. By now it is clear that AI offers endless possibilities. At the same time, however, it has ignited many new worries. Copyright holders, in particular, are concerned that their work is being used as training models but without permission. ‘Piracy-Trained’ AI Mo

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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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Common Intellectual Property Disputes For Entrepreneurs

JD Supra Law

Entrepreneurs often invest significant time, effort, and resources in developing new products, services, creative works, and technologies. This intellectual property is a valuable asset that requires protection from competitors who might copy or otherwise exploit it without permission.

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Skinny Label Avoids Infringement

Patently-O

by Dennis Crouch H. Lundbeck A/S v. Lupin Ltd. , Nos. 2022-1194, 2022-1208, 2022-1246 (Fed. Cir. Dec. 7, 2023) (Opinion by Judge Dyk, joined by Judges Prost and Hughes). The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H.

Patent 125
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Responding to Hbomberguy’s Plagiarism Video

Plagiarism Today

Recently, YouTuber hbomberguy posted a massive video about plagiarism on YouTube. Here, I break it down and analyze the details. The post Responding to Hbomberguy’s Plagiarism Video appeared first on Plagiarism Today.

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What Lies Ahead: Here’s What IP Practitioners Will Be Watching in 2024

IP Watchdog

We are less than 24 hours out from 2024 and, after reflecting on what mattered in 2023 and other year-in-review recaps, it is now time once again to ponder what lies ahead. From exciting patent legislation to Supreme Court trademark and copyright cases that could have big implications, here is what the IPWatchdog community will be keeping on its radar in the new year.

IP 130
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CJEU considers legal standing of collecting societies

The IPKat

In a recent ruling, the Court of Justice of the European Union (CJEU) has interpreted Art. 4 of Directive 2004/48/EC , which lists natural and legal persons that may seek the application of civil enforcement measures ( C-201/22 ). The Court clarified that Member States are not obliged to allow collective management organisations (CMOs) to bring, in their own name, actions for copyright infringement on behalf of the rightholders.

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Torrent Site Switched Domains 39 Times This Year to Evade ISP Blocks

TorrentFreak

Website blocking is the entertainment industry’s preferred anti-piracy strategy in dozens of countries. Targeting domain names of pirate sites can be an effective way to deter casual pirates. When a site can no longer be easily located, some users may give up, especially since Google now deindexes blocked domains as well. Popular pirate sites have been familiar with these measures for years now.

Branding 130
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BREAKING: AI Can't Be Patent Inventor, Top UK Court Rules

IP Law 360

The U.K.'s Supreme Court ruled Wednesday that an artificial intelligence cannot be the named inventor of a patent under current legislation, concluding that British law requires a "natural person" to be behind an invention.

Inventor 122
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Public Domain Day 2024 is Coming: Here’s What to Know

Copyright Lately

Oh Mickey, you’re so fine—but you’re not alone: An avalanche of copyrighted works will enter the public domain in the United States on January 1, 2024. Here’s what it all means. Yes, yes, Steamboat Willie will enter the U.S. public domain on January 1, 2024—and that’s a shame. Before you accuse me of being some sort of Disney shill, I’m not advocating for longer copyright terms.

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What Mickey Mouse Lapsing into the Public Domain Means

Plagiarism Today

In just a few days, the first appearance of Mickey Mouse lapses into the public domain. Here's what it really means to other creators. The post What Mickey Mouse Lapsing into the Public Domain Means appeared first on Plagiarism Today.

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C4IP and IP Celebrities Tell Biden to Pass on Extension of TRIPS Waiver

IP Watchdog

Nearly 50 former government officials and other well-known figures in the IP space signed onto a letter today penned by the Council for Innovation Promotion (C4IP) urging President Biden to oppose the World Trade Organization’s (WTO’s) proposed extension of the COVID-19 IP waiver to therapeutics and diagnostics. The WTO announced a deal on waiver of IP rights for COVID-19 vaccine technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in June 2022.

IP 122
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Failure to comply with the terms of a copyright assignment agreement held to amount to copyright infringement in France

The IPKat

This Kat is always on the hunt for new copyright rulings. This time he has found a recent ruling issued by the Paris Court of Appeal , concerning a copyright assignment agreement, a subject that is the source of many disputes in France. This time, the dispute notably concerns both the originality of photographs and their use for a period exceeding that stipulated in the copyright assignment contract.

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Fraudsters Use AI to Sell Fake Pirated Pre-Release Tracks, Universal Music Warns

TorrentFreak

Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. On the flip side, it also presents several threats. This ranges from complex existential worries to concerns about AI-related copyright infringement, which is already widespread. Tthese copyright concerns will be discussed next month at a meeting of WIPO’s Advisory Committee on Enforcement, where several stakeholders will present their thoughts.

Music 126
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US Copyright Office Rejects Bid To Register AI-Generated Art

IP Law 360

The U.S. Copyright Office on Monday again denied an artist's attempt to register his van Gogh-inspired artwork generated by artificial intelligence, saying there's not enough human involvement for the artist to claim copyright.

Copyright 122
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Trademark Practice in Korea is Changing - What US Companies Should Know and Consider

JD Supra Law

In October, 2023, Korea passed a new trademark law to add flexibility to its strict trademark registration requiring that later-filed marks need to be completely unique from existing senior marks. Under current trademark law in Korea, a later-filed mark that is similar to a senior mark already registered with the Korean Intellectual Property Office (“KIPO”) would be rejected for registration.

Trademark 120
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5 Ways Copyright Has Changed Christmas

Plagiarism Today

Christmas and copyright go together as often gingerbread cookies and milk. Here's just five ways that copyright has changed Christmas. The post 5 Ways Copyright Has Changed Christmas appeared first on Plagiarism Today.

Copyright 285
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From AI to Amgen, Here’s Everything IP that Mattered in 2023

IP Watchdog

Another year of IP is behind us, and it is time to reflect on what mattered most—what decisions will affect practice for years to come and/or continue to play out in the courts as we move into 2024? Below are reflections on milestones from this past year—some positive, some negative, and some neutral--at least for now.

IP 119
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The criteria for the novelty and inventive step of pharmaceutical selection inventions (T 1356/21)

The IPKat

The recent Board of Appeal decision in T 1356/21 covered a number of interesting legal points in the field of pharmaceutical patents. The case related to the novelty and inventive step of a second medical use claim. The only distinguishing feature of the claim in view of the prior art was the specified concentration of the active substance (insulin) in the pharmaceutical formulation.

Invention 119
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Music Rights Group Sues Elon Musk’s X for Copyright Infringement

TorrentFreak

Similar to other user-generated content platforms, X allows people to freely share content online. This includes text but images, videos, and music are regularly posted as well. In some cases, content is uploaded without first obtaining permission from rightsholders. Over the years, various parties have called out Twitter/X over alleged copyright infringement.

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The Generative AI Fair Use Defense Under Google Books

The Illusion of More

After the Supreme Court’s decision in AWF v. Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light. As discussed on this blog and elsewhere, caselaw has produced two frameworks for considering whether […] The post The Generative AI Fair Use Defense Under Google Books appeared first on The Illusion of More.

Fair Use 120
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NFT Intellectual Property Considerations

JD Supra Law

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small servings of technical contract insights expertly prepared by our seasoned attorneys. This month, we're dishing up tips on intellectual property considerations for NFTs.

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The 5 Dumbest Copyright Stories of 2023

Plagiarism Today

2023 was a banner year for copyright. However, the past 12 months also featured some real missteps and obvious mistakes. The post The 5 Dumbest Copyright Stories of 2023 appeared first on Plagiarism Today.

Copyright 283
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How U.S. Courts Ruled on Trademarks in 2023

IP Watchdog

This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. Courts ruled on issues ranging from First Amendment and parody considerations to the extraterritorial reach of U.S. trademark law, yet in most cases returned to basic principles of trademark law to resolve the open issues.

Trademark 119
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IPKat Book of the Year Awards 2023

The IPKat

It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community. But there can be only one winner (per category) of this prestigious prize, so vote wisely. As always, readers can vote for books in five categories: Patents, Copyright (including related rights and performers’ rights), Trade Marks (including Geo

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Authors & Copyright Scholars Back ‘Internet Archive’ in Landmark Legal Battle

TorrentFreak

The Internet Archive (IA) is a non-profit organization that aims to preserve digital history for generations to come. The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago. In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books.

Copyright 122
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Federal Circuit Vacates VLSI’s $2.2 Billion Damage Award Against Intel

The IP Law Blog

On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.

Licensing 117