Hugh Stephens Blog

APRIL 10, 2023

It’s finally April. That means that summer can’t be that far behind, can it? Dreams of sitting down at the dock with a cold one in hand, watching the sunset while the loons trill in the twilight. That’s what the idyllic image above conveys. I’ve even written a poem—well doggerel verse actually—to accompany the image. … Continue reading "Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?

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Registration Copyright 246

Erik K Pelton

APRIL 11, 2023

A seminal trademark case is In Re DuPont. Erik discusses what the case – and the likelihood of confusion factors – mean for trademark applications and disputes. The post What Are the DuPont Factors in a trademark confusion analysis? appeared first on Erik M Pelton & Associates, PLLC. A seminal trademark case is In Re DuPont. Erik discusses what the case – and the likelihood of confusion factors – mean for trademark applications and disputes.

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Trademark 200

JD Supra Law

APRIL 13, 2023

The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of confidential business information, ruled that the Texas presumption of irreparable harm for breach of non-compete clauses does not always apply and that a finding of irreparable harm requires particularized findings regarding the alleged harm.

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Confidentiality Business 65

Intellectual Property Law Blog

APRIL 13, 2023

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise. Another GAI issue that has arisen with various applications involves the right of publicity.

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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?

Technology

Plagiarism Today

APRIL 12, 2023

A recent documentary about Roy Lichtenstein looks at his appropriations. Was he an artistic genius, a plagiarist, or both? The post The Case Against Roy Lichtenstein appeared first on Plagiarism Today.

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Plagiarism Fair Use Copyright Infringement Copyright Law 236

Erik K Pelton

APRIL 10, 2023

The following is an edited transcript of my video “The 5 Ws of Copyright Registration” The five Ws: Who, What, When, Where, and Why. Maybe you remember these from elementary school—I know I do. I want to apply that to copyright registration Who can register a copyright? The simple answer is the owner of the copyright, but that can be more complicated than it seems, particularly if there’s an appointment relationship or other contractual relationship.

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Registration Copyright Intellectual Property Editing 162

Intellectual Property Law Blog

APRIL 12, 2023

The U.S. Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology. Some of the key points include the following: Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans In the case of works containing AI-generated material, the Office w

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Copyright Registration Technology Publishing 246

Plagiarism Today

APRIL 11, 2023

Two ISPs fail to get copyright cases dismissed, Chinese tourist destination accused of infringement, and Tencent reaches deal with ByteDance. The post 3 Count: China X2 appeared first on Plagiarism Today.

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Plagiarism Copyright 202

McKinsey Operations

APRIL 12, 2023

As global risks increase and economic uncertainty persists, the risk functions within the financial services industry must continue to evolve talent to ensure organizational resiliency.

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The IPKat

APRIL 14, 2023

This Kat continues her discussion on how wars affect geographical indications (GIs), this time, how World War I changed the history of camembert, one of the France’s most famous cheese, both for the good (the building of a broad-based reputation) and for the bad (laying the seeds for the ultimate genericization of the product name). Camembert is a soft and creamy cheese, made from cow’s milk.

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Contracts Invention Registration Designs 139

Advertiser: IPO

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.

Patent

Intellectual Property Law Blog

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? In Authors Guild v. Google, Inc., (the Google Books case), Google was found not to infringe based on a ruling that the scanning of physical, copyright-protected books to generate a searchable database used to search the content of the books

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Plagiarism Today

APRIL 13, 2023

UMG warns Apple and Spotify against AI scraping, Taiwanese pirate operators sentenced to prison and Lil Yachty settles NFT case. The post 3 Count: AI Scraping appeared first on Plagiarism Today.

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Plagiarism Copyright Infringement Music Copyright Law 191

TorrentFreak

APRIL 11, 2023

In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.

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Music Fair Use Copyright Law Law 138

McKinsey Operations

APRIL 10, 2023

Preparing for the CEO role can be a challenge and a reward. These eight lessons drawn from more than 300 McKinsey Leadership Forum participants and the CEOs who advise them will benefit any top executive or aspiring CEO.

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Intellectual Property Law Blog

APRIL 12, 2023

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create generative AI content from a text prompt and enable generative AI to complete computer code. This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries.

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Plagiarism Today

APRIL 12, 2023

Ninth Circuit remands photography case for new jury trial, Uberspace owner promises appeal and Buffalo mural causes copyright headaches. The post 3 Count: Jury Remand appeared first on Plagiarism Today.

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Plagiarism Copyright 187

IP Watchdog

APRIL 9, 2023

Current artificial intelligence (AI) systems can generate an astonishing variety of content, including text-based works, audio, video, images, programming code, product designs, technical papers, etc. In many cases, the output from an AI system is virtually indistinguishable from that of a human. This trend is expected to continue at an ever-increasing rate in the coming years.

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TorrentFreak

APRIL 10, 2023

As Nintendo’s official website for Switch game The Legend of Zelda: Tears of the Kingdom states, “The adventure begins on May 12.” Officially, at least. The hotly anticipated sequel to The Legend of Zelda: Breath of the Wild will go on sale next month in digital and physical formats, with the latter also available as a special Collector’s Edition.

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Intellectual Property Law Blog

APRIL 12, 2023

The National Telecommunications and Information Administration (NTIA) has issued a Request for Comments (RFC) on Artificial Intelligence (“AI”) system accountability measures and policies to advance its efforts to ensure AI systems work as claimed and without causing harm. The RFC is targeting self-regulatory, regulatory, and other measures and policies to provide reliable evidence that AI systems are legal, effective, ethical, safe, and otherwise trustworthy.

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Music Technology Art Publishing 243

Plagiarism Today

APRIL 13, 2023

Joe Hand Promotions has filed 26 cases with the Copyright claims Board. Here's who they are and why they likely chose the CCB. The post Meet Joe Hand Promotions: The Most Frequent CCB Filer appeared first on Plagiarism Today.

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Plagiarism Copyright Copyright Infringement Copyright Law 172

IP Watchdog

APRIL 12, 2023

IPWatchdog has learned from several sources this week that U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore has filed a judicial complaint against Judge Pauline Newman under the Judicial Conduct and Disability Act. According to those who have seen the complaint, Moore is claiming she has probable cause to believe that Newman is unable to effectively discharge the duties of her office.

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Intellectual Property IP 131

TorrentFreak

APRIL 13, 2023

Last summer, the US Copyright Claims Board (CCB) officially launched. Through this Copyright Office-hosted venue, rightsholders can try to recoup alleged damages outside the federal court system. The CCB aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.

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Copyright Copyright Infringement Plagiarism Copying 131

Intellectual Property Law Blog

APRIL 12, 2023

On March 16, 2023, the U. S. Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and using copyrighted materials in AI training. According to the USCO: “This initiative is in direct response to the recent striking advances in generative AI technologies and their rapidly growing use by individuals and businesses.

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Plagiarism Today

APRIL 11, 2023

It's still impossible to know what long-term impacts AI will have on our lives, but it has already changed the way we think about plagiarism. The post One Way AI Has Changed Plagiarism appeared first on Plagiarism Today.

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Plagiarism 162

IP Watchdog

APRIL 13, 2023

By now, unless you live in a total IP blackout zone, you’ve heard about the Unitary Patent and Unified Patent Court (UPC). Your friends in Europe, particularly, have been insistent on informing you, whether you want to know or not, with daily (if not hourly) email blasts, since January of this year. But most of what they tell you misses the forest for the trees.

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Patent Patent Application IP Patent Prosecution 128

TorrentFreak

APRIL 8, 2023

With more than 12 million books in its archive, Z-Library advertised itself as the largest repository of pirated books on the Internet. The site has millions of regular readers who find a wealth of free knowledge and entertainment at their fingertips. This success was briefly interrupted late last year when the U.S. Government seized the site’s main domain names.

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Copying Marketing Marketing Copyright Infringement 131

Technology & Marketing Law Blog

APRIL 8, 2023

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. (Age “assurance” requires the business to distinguish children from adults, but the methodology to implement has many of the same characteristics as age verification–it just needs to be less precise for anyone who isn’t around

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Privacy Law Contracts Designs 124

McKinsey Operations

APRIL 10, 2023

Influencer marketing is a collaboration between popular social-media users and brands to promote brands’ products or services.

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Marketing Marketing Social Media Branding 144

IP Watchdog

APRIL 13, 2023

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal held a virtual conversation with the intellectual property (IP) press on Wednesday to coincide with a one-year anniversary Director’s blog post published today. “If last year was about listening…this is really the year where we’re trying to bring that to impact,” said Vidal. Vidal said the work she did in her first year in office was about providing clarity and sometimes learning from “unintended consequences,” but this year is going

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TorrentFreak

APRIL 10, 2023

Every day, millions of people from all over the world submit posts, comments, and other content to Reddit. The social news and discussion platform has been around for more than 17 years and over time its popularity has only increased. With Reddit about to reach adulthood, the site has certain responsibilities. In recent years, these have included the publication of a transparency report documenting how various legal policies affect the site’s content.

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Copyright Infringement Copyright Copyright Notice Reporting 130

JD Supra Law

APRIL 14, 2023

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise.

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Fair Use Copyright 120

McKinsey Operations

APRIL 12, 2023

Experts behind the rules of value-creating growth discuss how leaders can apply these insights to their growth strategies.

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IP Watchdog

APRIL 10, 2023

Just days after a complaint was filed against restaurant chain Sweetgreen by Chipotle Mexican Grill for trademark infringement, dilution, and deceptive business practices, Sweetgreen has changed the name of its offending product in order to reach possible settlement. Last week, Chipotle filed a complaint against Sweetgreen for naming its new menu item “Chipotle Chicken Burrito Bowl”.

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TorrentFreak

APRIL 12, 2023

Pirate sites with tens of millions of visits each month are large enough to consider themselves global players yet some achieve these levels in a tighter geographic niche. Founded in 2014 by two Taiwanese software engineers, movie and TV show piracy site 8maple is a prime example. Initially, the site was promoted as a commercial advertising platform but soon transformed into a full-blown piracy portal pulling in millions of visitors each month and generating large sums in advertising revenue.

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JD Supra Law

APRIL 11, 2023

Ironburg Inventions Ltd. v. Valve Corp., Appeal Nos. 2021-2296, 2021-2297, 2022-1070 (Fed. Cir. April 3, 2023) In this week’s Case of the Week, the Federal Circuit provided new guidance in applying the estoppel provisions of 35 U.S.C. § 315(e)(2), which provide that a petitioner in a completed inter partes review may not later assert in a civil action any invalidity grounds “that the petitioner raised or reasonably could have raised during that inter partes review.

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Invention 114