Sat.Sep 10, 2022 - Fri.Sep 16, 2022

Copyright Protection for Transitory or Ephemeral Works: Going Beyond the Photographic Record

Hugh Stephens Blog

Last month, I discussed the ephemeral art of US sand sculptor Jim Denevan, noting that the simplest way for Denevan to protect his monumental sand designs (if he wished to), was by photographing them.

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How are the First Copyright Claims Board Cases Ending?

Plagiarism Today

The Copyright Claims Board (CCB) is the new copyright small-claims court that was introduced in the CASE Act, which as passed in December 2020. The court itself has been open since June of this year and, as of this writing, some 151 cases have been filed with it.

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Cloudflare Vows to Fight Global 1.1.1.1 DNS Blocking Orders

TorrentFreak

Website blocking has become an increasingly common anti-piracy tool around the globe. In dozens of countries, ISPs have been ordered by courts to block pirate sites. In some cases, these blocking efforts are part of voluntary agreements. Cloudflare ‘Pirate’ Blocking Orders.

The Bill C-11 Hearings Are Back, Part Four: The Risks of a Trade Challenge and Tariff Retaliation

Michael Geist

The first three posts in this series on Bill C-11 have focused on the risks of regulating user content , the risks to Canadian creators , and the risks of increased consumer costs and less competition.

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.

Is a Lawyer Required to File a Trademark Application?

Erik K Pelton

The following is an edited transcript of my video Do I Need a Lawyer to File a Trademark Application? It is not technically required that you have a lawyer if you are domiciled in the United States when you’re filing a trademark application, but it is strongly recommended.

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Football Fans Turn Pirate as Another Legal Streaming Service Falls Over

TorrentFreak

Legal streaming services offering access to top tier football in Europe have a few unique selling points over piracy platforms. Perhaps most importantly, people who subscribe to legal services help to keep the game alive.

Flawed Scheme to Lower Prescription Drug Prices Would Do the Opposite

IP Watchdog

The waning days of summer signal the approaching midterm election season.

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Great Trademarks Are Everywhere, You Just Have to Look

Erik K Pelton

It can seem challenging to create unique and bold brands, yet there are great examples all around us. In this episode, Erik shares some of recent examples he found of creative, bold brand names.

The Targeting of Anti-Plagiarism Advocates

Plagiarism Today

In Russia, Andrei Zaykin has been put under house arrest over allegations that he donated 1,000 ruble ($16) to an opposition leader’s anti-corruption foundation. That foundation was marked as “extremist” by Russian authorities last year and, if found guilty, he faces up to eight years in prison.

U.S. Pressured Taiwan to Ban Pirate TV Boxes But China’s Not Too Interested

TorrentFreak

When the Google-sponsored Open Handset Alliance launched its Android operating system, few could’ve predicted its future role in the piracy ecosystem.

Litigating Patents in Texas: IPWatchdog LIVE Panel Notes Order Curbing Albright May Soon Be Revoked

IP Watchdog

During Day two of IPWatchdog LIVE in Dallas, Texas, a panel of attorneys discussed a range of topics related to litigating patents in Texas, particularly the recent order from the Chief Judge for the Western District of Texas, which requires patent cases filed in the Waco Divison to be randomly assigned to one of 12 district court judges.

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 6, Issue 1 [Submit by October 1]

SpicyIP

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VI, Issue I). The last date for submissions is October 1, 2022.

3 Count: Sunshine Place

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge Denies Taylor Swift’s Last-Ditch Request to Spike ‘Shake It Off’ Copyright Lawsuit.

US Piracy Blocking Lawsuit Enters New Phase – Part Public, Part Hidden

TorrentFreak

After winning three lawsuits against three pirate streaming sites, earlier this year a coalition of Israel-based media companies obtained an injunction at a New York court.

Demystifying Copyright Protection

JD Supra Law

These days, it seems almost impossible for most people to spend a day without using the internet. For some, that means not reading daily news articles online by swiping their smartphone screens. For others, that means not posting real-time Instagram stories on their social media account.

Changing Big Tech Revenue Streams Provide Insight Into Future Intellectual Property Use and Value

IP Close Up

The emerging revenue sources of large technology companies like Apple and Microsoft may be an indication of their regard for certain intellectual property rights and their Continue reading.

3 Count: Verisigned

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Lawmakers Press Verisign To Join ‘Trusted Notifier’ Program And Take More Action To Combat Piracy.

US Lawmakers Urge Verisign to Help Tackle Online Piracy

TorrentFreak

There are plenty of options for copyright holders to frustrate the operations of pirate sites, but one of the most effective is to attack their domain names. In recent years, various entertainment industry groups have called on the domain name industry to help out on this front.

Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims.

DCA Releases New Report on Piracy Sites and Malware

The Illusion of More

Apropos my recent response to the EFF’s standard policy of shrugging at online piracy, I want to highlight one paragraph from the post to which I replied.

The Importance of Transparency in Research Integrity

Plagiarism Today

Earlier this week, the journal BMC Medicine announced that it will not retract a controversial 2013 paper authored by botanist Steven Newmaster. Instead, the journal has added a new editor’s note that says indicates “no further editorial action is needed at this point”. .

Adobe Thinks it Can Solve Netflix’s Password ‘Piracy’ Problem

TorrentFreak

When online file-sharing hit the mainstream, entertainment company bosses tore out their hair in frustration. They knew their products, ran tight businesses, and had the best possible grasp on the intricacies of their respective markets. Competing with ‘free’ was clearly impossible.

New CCC Tool Could Accelerate OA Agreements

Velocity of Content

CCC has licensed this report from Outsell, Inc. with the right to distribute it for marketing and market education purposes. CCC did not commission this report as a fee-for-hire white paper nor did it have influence on the outcome of the report.

Tedious Anti-Copyright Stance of EFF is Not About Protecting Anyone

The Illusion of More

Welp (as the kids say), it looks like Katherine Trendacosta of the Electronic Frontier Foundation (EFF) found an old PowerPoint deck from 2012 and used it to write a new post ominously titled Hollywood’s Insistence on New Draconian Copyright Rules Is Not About Protecting Artists.

3 Count: Paparazzi Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: After Settling with Justin Bieber and Ariana Grande, Photographer Sues Miley Cyrus for Copyright Infringement.

Pirate IPTV Subscription Seller Sentenced to Six Months in Prison

TorrentFreak

Early September, Swedish anti-piracy group Rattighetsalliansen (Rights Alliance) reported on a trial that took place at the specialist Patent and Market Court in Stockholm.

OM Weekly Digest 09/15/22

Olartemoure Blog

09/15/22 – Consumer Law. The consumer protection authority in Brazil banned the sale of the iPhone 12 and all subsequent models that do not include chargers.

Some common outcomes when pursuing patent litigation

JD Supra Law

Patents protect intellectual property, but they are most effective when the holder is willing to defend them using litigation. It may involve jury trials, bench trials or even a subsequent appeal to the Circuit Court. By: Hudnell Law Group

3 Count: Pulp Friction

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Tarantino, Miramax settle copyright suit over ‘Pulp Fiction’ NFTs.

Fueling Your AI & Machine Learning Projects with XML Content – Why Flexible Retrieval Options Are Crucial??

Velocity of Content

It is (perhaps) a truth universally acknowledged that a piece of knowledge possessed within a scholarly text must be in want of being discovered. So, Jane Austen would never have written. It is, however, increasingly true that organizations globally are in search of that elusive element: knowledge.

The Path Forward from American Axle: Discussing Legislative and Agency Rulemaking Fixes to Section 101

IP Watchdog

Last year, there was a great amount of confidence among those in intellectual property circles that the U.S. Supreme Court might finally provide some much-needed clarity to Section 101 subject matter patentability after a petition for writ of certiorari was filed in American Axle v. Neapco Holdings.

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District Court Finds Mobile Payment Patents Not Invalid Under 35 U.S.C. § 101

JD Supra Law

In Mobile Equity Corp. Walmart Inc., 2-21-cv-00126 (EDTX Sep. 8, 2022) (Roy S. Payne), the Court found that the asserted claims were not directed towards an abstract idea and did not encompass unpatentable subject matter and therefore were not invalid under 35 U.S.C § 101. By: Weintraub Tobin

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This is NOT Lean: Lean Staffing

Christopher Roser

In this post I would like to talk about another term that claims to be lean: lean staffing. It is NOT lean! It is an abomination. It is pretty much the opposite of what, in my opinion, lean stands for. It is a complete lack of respect for humanity. Let me explain you what it. Read more.

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