January, 2024

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The Weaponization of Plagiarism 

Plagiarism Today

Plagiarism has long been a powerful weapon in politics, however, now the weaponization of plagiarism is expanding and targeting new people. The post The Weaponization of Plagiarism appeared first on Plagiarism Today.

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No AI FRAUD Act Would Create IP Rights to Prevent Voice and Likeness Misappropriation

IP Watchdog

Today, U.S. Representatives María Elvira Salazar (R-FL) and Madeleine Dean (D-PA) introduced the No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act of 2024 to create legal mechanisms by which Americans can prevent unauthorized uses of their likenesses and voices by generative AI platforms. The bill seeks to provide for intellectual property (IP) rights in an individual’s voice and likeness as well as remedies including statutory damages and disgorged profits

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Kat Von D Tattoo Infringement Trial Begins: What You Need To Know

Copyright Lately

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry.

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My Favorite Euphemisms for Plagiarism

Plagiarism Today

When retracting an article for plagiarism, many journals will bend over backwards to avoid saying the p-word. Here's some great examples. The post My Favorite Euphemisms for Plagiarism appeared first on Plagiarism Today.

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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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There is a Good Reason it’s not called “Artificial Creativity”

Hugh Stephens Blog

Image: Shutterstock There has been lots of ink spilled over the issue of Artificial Intelligence (AI) developers free riding on the backs of creators by copying and ingesting their content without permission to produce AI “created” content, output that sometimes competes directly in the market with the original work.

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AI and Copyright in 2023: In the Courts

Copyright Alliance

On January 3, we published part one of this blog series summarizing the biggest copyright-related AI activities that took place within the federal government. In today’s post, we pick back […] The post AI and Copyright in 2023: In the Courts appeared first on Copyright Alliance.

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More Trending

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Site Blocking and Age Verification for Twitter, Instagram, Snap and Twitch?: Age Verification Lobby Confirms it Wants Bill S-210 to Cover All Social Media Sites

Michael Geist

Bill S-210 – the Protecting Young Persons from Exposure to Pornography Act – burst onto the public scene late last year as a majority of the House voted for the bill at second reading , sending it to the Public Safety committee for review. The bill, which is the brainchild of Senator Julie Miville-Duchêne , was supported by the Conservatives, Bloc and NDP with a smattering of votes from backbench Liberal MPs (the cabinet voted against, signalling it is not supported by the government

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When is a derivative work original and thus protectable by copyright? Classicist’s critical edition makes its way to Luxembourg in fresh Romanian CJEU referral

The IPKat

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G. Călinescu , C-649/23. Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshin

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Harvard President Claudine Gay Resigns

Plagiarism Today

Harvard President Claudine Gay has resigned her position following a month-long plagiarism scandal that could have easily been avoided. The post Harvard President Claudine Gay Resigns appeared first on Plagiarism Today.

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When Giants Wrestle, the Earth Moves (NYT v OpenAI/Microsoft)

Hugh Stephens Blog

Image:www.shutterstock.com There is no better way to start out the New Year, 2024, with a commentary on Artificial Intelligence (AI) and copyright. It was the big emerging issue in 2023 and is going to be even bigger in 2024.

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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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Looking Ahead in the UK - Technology, Data Privacy, Cybersecurity and IP developments in 2024

JD Supra Law

Intellectual Property - Generative AI – ongoing impacts - Since 2022, the popularity and availability of generative AI has continued to grow. It is estimated that 79% of internet users aged 13-17, and 31% of those aged 16 and above, use generative AI tools and services.

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Richard Prince “New Portraits” Show Was a Big Fair Use Error

The Illusion of More

Yesterday, New York federal judge Sidney Stein ruled that Richard Prince, one of the most famous appropriation artists in the world, infringed the copyright rights of photographers Donald Graham and Eric McNatt by using their works in the controversial “New Portraits” series. Prince and his co-defendant, gallery owner Lawrence Gagosian, are ordered to pay Graham […] The post Richard Prince “New Portraits” Show Was a Big Fair Use Error appeared first on The Illusion of More.

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Meta Admits Use of ‘Pirated’ Book Dataset to Train AI

TorrentFreak

In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and more recently the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component as well.

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IPKat Book of the Year Awards 2023 winners announced!

The IPKat

Thank you to readers who voted for the IPKat book of the year awards 2023! Despite the change in application process, this year was our most popular awards since its inception six years ago. Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. • Patent Portfolio Management, A Practical Guide, by Ho Frattasi. • European Patent Law: The Unified Patent Cou

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The Bizarre Case of the Serial Lit Mag Plagiarist

Plagiarism Today

Recently, pseudonymous author John Kucera has become the bane of literary magazine editors for his flagrant and ongoing plagiarism. The post The Bizarre Case of the Serial Lit Mag Plagiarist appeared first on Plagiarism Today.

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Copyright Office Issues Final Rule on Several Aspects of Smaller Claim CCB Proceeding

IP Watchdog

On January 16, the U.S. Copyright Office published a final rule in the Federal Register amending agency regulations on small infringement claims filed at the Copyright Claims Board (CCB). Responding to comments from both the legal and copyright industries, the Copyright Office’s final rule addresses disputes to the form of CCB proceeding chosen by claimants, as well as the discretion of CCB officers in penalizing evidentiary violations.

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The Ibrunitib Saga: DHC Restrains Generic Competitors, but What about Public Interest?

SpicyIP

The Ibrutinib Patent Dispute Adding another chapter to the long-standing legal dispute concerning the Leukaemia medication Imbruvica (API Ibrutinib), the Delhi High Court on December 21, 2023, upheld the IPAB order setting aside the post-grant rejection of the Ibrutinib patent. The Court also restrained Natco Pharma, Hetero, BDR Pharma, Shilpa Medicare, Alkem, and Laurus Labs from manufacturing and marketing the generic versions of Imbruvica.

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U.S. Copyright Office Activities in 2023: A Year in Review

Copyright Alliance

In 2023, like the rest of us who toil in copyright and creativity, the U.S. Copyright Office was also laser focused on the impact of AI on copyright. Last week, […] The post U.S. Copyright Office Activities in 2023: A Year in Review appeared first on Copyright Alliance.

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Artificial Intelligence Law - Intellectual Property Protection for your voice?

JD Supra Law

With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of publicity refers to an individual's right to control and profit from their own name, image, likeness, or voice.

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“Fair Use” is Not a Great Business Plan

The Illusion of More

Lately, we’ve seen several headlines and comments from tech giants say that AI ventures simply cannot succeed if they are forced to contend with the copyrights in the billions of works they have scraped for the purpose of machine learning (ML). When these headlines are paired with the rampant assertions that ML is inherently fair […] The post “Fair Use” is Not a Great Business Plan appeared first on The Illusion of More.

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Richard Prince and the Future of Fair Use

Plagiarism Today

Richard Prince has agreed to pay two photographers whose work he used in his art. Here's what it means for fair use moving forward. The post Richard Prince and the Future of Fair Use appeared first on Plagiarism Today.

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Plant varieties and priority periods: insights from recent Italian cases

The IPKat

The Italian Corte Suprema di Cassazione issued some interesting judgments about plant varieties in 2023. In particular, two cases clarified the assessment of novelty and distinctness of plant varieties that were the subject of earlier foreign IP rights, but didn’t claim priority in their subsequent Italian plant variety rights (PVR) applications. Priority for Plant Varieties This Kat was full of beans after reading these decisions on Italian plant variety law.

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Resolving GenAI copyright infringement questions: 4 court decisions

Barry Sookman

Introduction The question as to whether the generative AI (GenAI) systems and their use infringes copyright is a hotly debated one, with no fewer than 12 proposed class actions and 3 lawsuits in the United States and one in the United Kingdom already focused on resolving this question. The question is a central one for the creative community as well as for the GenAI platforms and, as the recent suit involving the New York Times against Open AI and Microsoft shows, it is permeated with significan

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Plagiarism Police come for Winston & Strawn

Patently-O

Hsuanyeh Law Group v. Winston & Strawn , 23-cv-11193 (S.D.N.Y. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. I believe that Winston & Strawn will eventually prevail based upon a fair use defense, but it is still an embarrassing situation for the firm and attor

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New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

JD Supra Law

On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research and deployment company were named as defendants in a copyright infringement lawsuit filed by The New York Times (the “Times”) in the United States District Court for the Southern District of New York, New York Times Company v.

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Coalition of Academics Sends Letter Opposing Biden Administration’s March-In Rights Proposal

IP Watchdog

Today, a letter signed by a coalition of top academics opposing the Biden Administration’s efforts to exercise march-in rights under the Bayh-Dole Act of 1980 was sent to the White House. Signed by academics in fields including law, economic policy and sciences, the letter warns the Biden Administration that its efforts to drive down drug pricing by seizing patent rights will “undermine fundamental principles that have made the American IP system the golden standard for supporting domestic innov

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3 Count: Scary Mouse

Plagiarism Today

Law firm sues competitor over copied brief, pirate site closure was exaggerated, and a horror game based on Steamboat Willie is announced. The post 3 Count: Scary Mouse appeared first on Plagiarism Today.

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All DMCA Notices Filed Against TorrentFreak in 2023 Were Bogus

TorrentFreak

Any content creator who sees their work being used by unauthorized third-parties can file DMCA notices against platforms communicating that content to the public. Platforms should respond by taking allegedly-infringing content down but in practice, some do and some don’t. Full-blown pirate sites may not respond to notices at all for obvious reasons but some entirely legitimate platforms also refuse to comply in appropriate circumstances.

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EU law: Generative AI, copyright infringements and liability – My guess for a hot topic in 2024

Kluwer Copyright Blog

Photo by Possessed Photography on Unsplash New year’s fatigue? Or possibly AI fatigue? But the new year has only just begun! It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different.

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DEIA: Reflecting Back on 2023 and Looking Ahead to What’s Next

U.S. Department of Commerce

DEIA: Reflecting Back on 2023 and Looking Ahead to What’s Next January 8, 2024 ASowah@doc.gov Mon, 01/08/2024 - 14:55 Reflecting on a momentous 2023, the DOC Equity (DEIA) Council continued to inspire us, ignite change, and spark action across the Department to cultivate a culture of fairness and inclusion. The Council made significant progress in the critical areas of external service delivery, internal workforce development, measurement, and infrastructure to create a world-class program of su

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A Look Ahead: Key Intellectual Property Legal Topics in 2024

JD Supra Law

What should in-house counsel be on the lookout for in 2024? As we begin a new year, our attorneys look ahead at intellectual property topics they expect will be trending in 2024. They cover areas including life sciences, litigation, post-grant proceedings, artificial intelligence, design patents, and trademarks. By: Wolf, Greenfield & Sacks, P.C.

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Witnesses Clash Over Potential Pros and Cons of PERA in Senate IP Subcommittee Hearing

IP Watchdog

The Senate Judiciary Committee’s Subcommittee on Intellectual Property today held a hearing featuring eight witnesses who testified about the need to restore certainty to U.S. patent eligibility law. Most, but not all, agreed such a need exists and urged quick passage of the Patent Eligibility Restoration Act of 2023 (PERA). Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced PERA in June of last year.

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Understanding Wizards of the Coast’s New AI Art Debacle

Plagiarism Today

Wizards of the Coast has found itself at the center of yet another plagiarism scandal, this one involving an AI image in marketing materials. The post Understanding Wizards of the Coast’s New AI Art Debacle appeared first on Plagiarism Today.

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Google Sees DMCA Takedown Requests Surge to New Highs

TorrentFreak

In 2012, Google expanded its transparency report with a new section dedicated to DMCA takedown requests. For the first time, outsiders were able to see which URLs were being targeted by copyright holders and in what quantity. The decision to make this information public was in part triggered by a rapid increase in removal requests. The increased activity impacted the “free flow of information”, the search engine argued.

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Facilitating Efficient and Effective Copyright Licensing for AI

Copyright Alliance

AI models have an almost insatiable appetite for content. To date, the vast majority of training content, whether books or blogs or songs or images, has been scraped from the web […] The post Facilitating Efficient and Effective Copyright Licensing for AI appeared first on Copyright Alliance.

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