July, 2024

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Authors Beware of This Scam Macmillian Website

Plagiarism Today

Authors are constantly being targeted by fake publisher scams. Here we break down one such site and explain what to look for. The post Authors Beware of This Scam Macmillian Website appeared first on Plagiarism Today.

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Copyright and Education in Canada: Have We Learned Nothing in the Past Two Centuries? (From the “Encouragement of Learning to the “Great Education Free Ride”)

Hugh Stephens Blog

Image: Shutterstock (AI Assisted) Last month I wrote about the 200 year history of copyright in Canada, (Two Hundred Years of Copyright History in Canada: What a Journey!), drawing on a recent book by copyright scholar Dr. Myra Tawfik, “For the Encouragement of Learning: The Origins of Canadian Copyright Law”. That work outlined the genesis … Continue reading "Copyright and Education in Canada: Have We Learned Nothing in the Past Two Centuries?

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Worldwide Trademarks continues effort to scam trademark applicants

Erik K Pelton

Beware of latest scam from Worldwide Trademarks, Inc. aka Worldwide Trademarks at 447 Broadway, 2nd Floor, New York, NY 10013. The offer, for $2760, is for inclusion in a publication. A publication with no real value. I have never heard any trademark professional recommend inclusion in such a publication; nor any trademark professional use such a publication for any research.

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Vietnam Convicts Pirate Site Operators; a Rare Case Completed in Record Time

TorrentFreak

The double threat of some of the world’s largest pirate sites operating from Vietnam, yet limited opportunity to conduct robust enforcement actions to turn that situation around, remains a constant source of frustration for overseas rightsholders. Hollywood’s opinion on what needs to be done wouldn’t be any more clear if its submissions to the USTR were written in all caps then underlined.

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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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Mid-Year Review: AI Lawsuit Developments in 2024

Copyright Alliance

The development and launch of new generative artificial intelligence (AI) technologies over the last two years has been revolutionary. But these advancements have been accompanied by significant concerns from copyright […] The post Mid-Year Review: AI Lawsuit Developments in 2024 appeared first on Copyright Alliance.

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Coons/Cotton RESTORE Patent Rights Act Would Abrogate eBay

IP Watchdog

Senators Chris Coons (D-DE) and Tom Cotton (R-AR) today introduced a bill to restore the presumption of injunctive relief to patent owners facing infringement. The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 would essentially abrogate eBay v. MercExchange, a case that many patent owners argue has played a key role in weakening the value of patents in the decades since the ruling.

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The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part One)

JD Supra Law

Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of images are created daily using generative AI, and, as time continues, it is becoming more and more difficult to distinguish between AI-generated art and human-created works.

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25 Examples of Great Small Business Brands

Erik K Pelton

Great brands are everywhere – you just have to look! The post 25 Examples of Great Small Business Brands appeared first on Erik M Pelton & Associates, PLLC. Great brands are everywhere – you just have to look!

Branding 130
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Ad Blocking Infringes Copyright? Ancient Sony Cheat Lawsuit May Prove Pivotal

TorrentFreak

The promise that pretty much everything is available for free on the internet was one of the key driving forces behind surging uptake at the end of the century. The reality was more nuanced, of course. The marketing and framing of this utopian vision relied on the relative naivety of most internet users. None were strangers to adverts appearing on TV, radio or in print, so the concept needed no explaining.

Copyright 144
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The EU AI Act has been published

The IPKat

Artificial Intelligence (AI) has been a hot topic in recent years. Its development and use continue to grow, in all areas. It's not uncommon to see images created by AI popping up all over the place (this Kat loves generating AI images). Today saw the publication of the long awaited Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168

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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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Vidal Addresses USPTO’s ‘Inherited Backlog’, Which May Be at an All-Time High for Patents

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal published a Director’s blog post today addressing the Office’s current backlog of patent and trademark applications, which the latest USPTO data shows to be 785,387 unexamined applications/ 25.6 months total pendency for patents and 14.5 months total pendency for trademarks. Vidal said in her blog post that “unpredictable macro effects, including a pandemic that had an outsized impact on our application inventories, have created an ‘i

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How Pirates are Profiting from YouTube

Plagiarism Today

Recently, a slew of pirated films have been appearing on YouTube. The reason is simple: Money. Here's how the pirates are profiting. The post How Pirates are Profiting from YouTube appeared first on Plagiarism Today.

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Major Labels File Suit Against AI Music Start-Ups for Unlicensed Training

JD Supra Law

On Monday, June 24, 2024, the three U.S. major record labels, Universal Music Group, Warner Music Group and Sony Music Entertainment, filed copyright infringement claims against two artificial-intelligence (AI) music start-ups, Suno and Udio. These AI music companies allow users to generate musical recordings based on text prompts, including by genre and topic.

Music 122
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Searching for Conflicts: the Most Important Step for a New Trademark

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 5: Searching for Conflicts. After brainstorming name ideas and developing a solid list of possibilities, the second major step on the way to trademark protection is to do some preliminary searching to see if there are any obvious conflicts in use that could present an infringement or a registration issue.

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Nintendo Sues ‘Modded Hardware’ and r/SwitchPirates Moderator ‘Archbox’

TorrentFreak

Nintendo is doing everything in its power to stop the public from playing pirated games on the Switch console. The Japanese gaming company won several lawsuits in recent history, shutting down websites that distributed pirated ROMs. Most notable, perhaps, was the criminal referral that resulted in the demise of the infamous hacking group Team-Xecuter.

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Music Making Gen AI: A Deeper Dive into Fair Use

The Illusion of More

In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use. My view in that post was, and remains, that because the purpose of copyright law is to promote authorship, and authorship is human as a matter of doctrine, then a purpose which […] The post Music Making Gen AI: A Deeper Dive into Fair Use appeared first on The Illusion of More.

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USPTO Updates Eligibility Guidance for AI: ‘We Want to Accelerate AI Innovation Without Locking it Up’

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) announced today that it has updated its Subject Matter Eligibility Guidance to more directly address emerging technologies, specifically artificial intelligence (AI). The guidance also includes three new and detailed examples using hypothetical claims to address common situations, such as “whether a claim recites an abstract idea or whether a claim integrates the abstract idea into a practical application.

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Copyright Claims Board Rules Against Petco

Plagiarism Today

The Copyright Claims Board has issued another final determination. This one finds against Petco, though the claimant isn't a victor either. The post Copyright Claims Board Rules Against Petco appeared first on Plagiarism Today.

Copyright 290
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[Guest Post] Who owns the copyright to Nigeria’s “new” national anthem?

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem. Recently, the Nigerian government decided to do away with the country’s national anthem and re-adopt the previous national anthem - the one it used between 1960 and 1978.

Copyright 119
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Checklist for Preparing a Trademark Application

Erik K Pelton

The following is an edited transcript of my video Trademark Application Checklist. One of the great resources produced by the USPTO for trademark filers is the Trademark Manual of Examining Procedure (TMEP), which has hundreds of sections, guidelines, rules and procedures. Within that (TMEP, Sect. 818), there’s a particularly useful checklist which lists more than 20 items for new trademark applications and the things that go into it.

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Anna’s Archive Faces Millions in Damages and a Permanent Injunction

TorrentFreak

Anna’s Archive is a meta-search engine for shadow libraries that allows users to find pirated books and other related sources. The site launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. criminal crackdown, to ensure continued availability of ‘free’ books and articles to the broader public. Late last year, Anna’s Archive expanded its offering by making information from OCLC’s proprietary WorldCat database available online.

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Guest Post by Profs. Lemley & Ouellette: Fixing Double Patenting

Patently-O

Guest post by Professors Mark A. Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. First, the Federal Circuit held in In re Cellect that patents tied by double patenting must expire on the same day even if one of the patents has received a

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D.C. Court’s Dismissal of Judge Newman’s Case Against Moore Sets Stage for Appeal

IP Watchdog

The U.S. District Court for the District of Columbia today dismissed the remaining counts in Judge Pauline Newman’s challenge to U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore’s inquiry into her fitness to continue serving as a federal appellate judge. The decision sets the stage for an appeal, which Newman’s lawyer told IPWatchdog will happen “within days, not weeks.

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Why YouTube’s Erase Song Feature Could Be a Game Changer

Plagiarism Today

YouTube has updated its erase song feature. Soon, users can surgically remove a copyright-claimed song. Here's why it's a big deal. The post Why YouTube’s Erase Song Feature Could Be a Game Changer appeared first on Plagiarism Today.

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The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part Two)

JD Supra Law

The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created with the help of technological tools—including AI technology—may be copyrightable and eligible for registration, provided that a “human had creative control over the work’s expression.”.

Copyright 117
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Patent, Trademark, and Copyright: Definitions and Differences

Erik K Pelton

What are the distinctions between patents, trademarks, and copyrights? Erik breaks it down in this episode. To schedule a free initial consultation, visit [link] The post Patent, Trademark, and Copyright: Definitions and Differences appeared first on Erik M Pelton & Associates, PLLC. What are the distinctions between patents, trademarks, and copyrights?

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RIAA Sues Verizon After ISP “Buried Head in Sand” Over Subscribers’ Piracy

TorrentFreak

At a time when many pirate sites seem increasingly elusive, oftentimes almost transient as domains, identities, and branding, come and go, static enforcement targets are in limited supply. The same can’t be said for internet service providers and over the past few years, several have paid a very steep price. Not for engaging in piracy per se , but for not responding aggressively enough against subscribers mostly accused of repeatedly pirating movies and music.

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Cellect: Unveiling the Potential Impact on Patent Term Adjustment

Patently-O

by Dennis Crouch Many have been thinking of the potentially large impact of Cellect v. Vidal , which is now pending before the Supreme Court. This week I uncovered striking data that a very large number of patents have been impacted. Some background : Many patentees divide their patents into multiple filings all based on the same original priority application.

Patent 118
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Senators Introduce NO FAKES Act to Create a Universal Right to Control Digital Replicas

IP Watchdog

Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC) today officially introduced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024” (NO FAKES Act). A discussion draft of the bill was first introduced in October 2023 with the stated goal of “protect[ing] the voice and visual likenesses of individuals from unfair use through generative artificial intelligence (GAI).

Art 116
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It’s Past Time to Credit Translators

Plagiarism Today

Translators are crucial to the global entertainment market. However, despite their creative contributions, their work often goes uncredited. The post It’s Past Time to Credit Translators appeared first on Plagiarism Today.

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It’s an Old Tune: Third-Party-Use Evidence From Long Ago Can Support Genericness

JD Supra Law

The US Court of Appeals for the Fifth Circuit found that the district court abused its discretion in wholesale exclusion of evidence on the issue of genericness. The evidence was offered to show prior use of a trade dress from more than five years prior to an alleged infringer’s first use of a mark. Gibson Inc. v. Armadillo Distribution Enterprises, Inc., Case No. 22-40587 (5th Cir.

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What is the Spectrum of Trademarks, and Why is it Important?

Erik K Pelton

The following is an edited transcript of my book video Building a Bold Brand Chapter 4: Spectrum of Marks. Let’s assume you have a list of creative and inspired names for your product or company. You’ve sent several to your trademark attorney for consideration and you’re ready to make a final decision. Before you do that, there’s another key consideration.

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OpenAI Wants New York Times to Show How Original Its Copyrighted Articles Are

TorrentFreak

Starting last year, various rightsholders began filing lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors, visual artists, and newspapers, including the New York Times. These rightsholders all object to the presumed use of their work to train AI models without proper compensation. The New York Times lawsuit targets OpenAI and Microsoft and is steadily moving forward.

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The Shift Towards Primary Examiners: Implications for Patent Prosecution

Patently-O

by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patent prosecution strategies. Our data reveals a dramatic drop in the percentage of assistant examiners over the past decade. Prior to 2015, over 35% of patents were examined by assistant examiners.

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Statement on the Supreme Court’s Ruling in Moody v. NetChoice

Technology & Marketing Law Blog

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess. They packed dozens of undertheorized policy ideas into poorly drafted omnibus bills that never represented a serious attempt at policy-making.