Creative Law Center

MAY 7, 2023

Using Book Disclaimers to Protect Your Work and YourselfReal life inspires stories. It can't be helped. Writers observe, interpret, expound, and often twist based on what they see, hear, and how they feel about it. When a story has intimacy with reality, readers will see themselves in it. Sometimes what they see is not pretty, or […] The post Book Disclaimers: Tips for the Indie Author appeared first on Creative Law Center.

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Law Copyright 246

Erik K Pelton

MAY 10, 2023

Inspired by the 50th Anniversary of Pink Floyd’s album Dark Side of the Moon and its iconic cover, Erik reflects on how the trademark registration process is much like a prism. The post The Bright Side of a Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Inspired by the 50th Anniversary of Pink Floyd’s album Dark Side of the Moon and its iconic cover, Erik reflects on how the trademark registration process is much like a prism.

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Trademark Registration 130

TorrentFreak

MAY 10, 2023

Obtaining a proper education can give people a leg up in life, but this privilege does come at a price. Studying can be a costly endeavor, requiring expensive textbooks that may only be in use for a single semester. To reduce costs, some students choose to share books or buy cheaper second-hand versions. Textbook piracy is also widespread and in many cases considered socially acceptable among students.

Copying 104

Copying Copyright Law Publishing 104

Plagiarism Today

MAY 9, 2023

Being accused of plagiarism is an emotional and stressful experience. Here's what to do to defend yourself and clear up any confusion. The post What to Do if You’re Falsely Accused of Plagiarism appeared first on Plagiarism Today.

Plagiarism 220

Plagiarism 220

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

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

Copyright 133

Copyright Copyright Law Copyright Infringement Fair Use 133

Michael Geist

MAY 9, 2023

Meta executives faced another round of criticism at the Standing Committee on Canadian Heritage yesterday, yet beyond the usual outrage emanating from MPs that have labelled critics as racist or dismissed online news outlets at not news, was the growing realization that the company’s plan to block news sharing in Canada if Bill C-18 passes in its current form may not be a bluff.

Journalism 130

Journalism Government Law Social Media 130

Plagiarism Today

MAY 8, 2023

Performing a plagiarism check is both important and difficult. Here are five common mistakes people make when checking for plagiarism. The post 5 Reasons Why Plagiarism Detection Goes Wrong appeared first on Plagiarism Today.

Plagiarism 221

Plagiarism 221

The Illusion of More

MAY 9, 2023

Just as it is folly to anthropomorphize computers and robots, it is also unhelpful to discuss the implications of generative AI in copyright law by analogizing machines to authors.[1] In 2019, I explored the idea that “machine learning” could be analogous to human reading if the human happens to have an eidetic memory. But this […] The post Let’s Stop Analogizing Human Creators to Machines appeared first on The Illusion of More.

Copyright Law 126

Copyright Law Copyright Law Art 126

JD Supra Law

MAY 8, 2023

Think you know the law? If you’re an attorney or simply well-versed in legal matters, you may have a working knowledge of statutory and case law. However, the area of intellectual property (IP) law is rife with surprises about which even seasoned lawyers may be unaware. Here’s a closer look at some surprising facts about IP law that may be new (or news!

Intellectual Property 122

Intellectual Property Intellectual Property Law Law IP 122

Patently-O

MAY 11, 2023

Guest Post by Paul R. Gugliuzza , Professor of Law, Temple University Beasley School of Law The judicial disability proceedings instituted against Federal Circuit Judge Pauline Newman have now spilled into litigation. As Dennis reported yesterday , Judge Newman filed a complaint in D.C. federal district court seeking, among other things, to enjoin and terminate the proceedings.

Litigation 117

Litigation Patent Law Reporting 117

Plagiarism Today

MAY 11, 2023

Bungie wins another decision against cheatmaker, South African label faces more copyright claims and Frank Ocean scammer sold AI tracks. The post 3 Count: Bungie Returns appeared first on Plagiarism Today.

Plagiarism 196

Plagiarism Copyright Music 196

IP Watchdog

MAY 8, 2023

How much damage is Chief Judge Moore doing to the institution that is the Federal Circuit? That question is hard to answer in the present, but there is no doubt that she is causing the type of damage that will linger and perhaps ultimately lead to the downfall of the court itself. Even before the latest episode in which Chief Judge Moore has taken it upon herself to impeach Judge Newman, acting as complainant, investigator, witness and decider, it had become common for many in the industry to as

Intellectual Property 120

Intellectual Property Litigation Patent IP 120

JD Supra Law

MAY 12, 2023

Businesses are increasingly using artificial intelligence (AI) to innovate. This trend brings about new risks to intellectual property (IP), including new challenges in procuring IP protection and new risks of IP infringement. Part I of this two-part post will focus on IP procurement.

IP 105

IP Intellectual Property Privacy Business 105

Kluwer Copyright Blog

MAY 11, 2023

Image by Rudy and Peter Skitterians via Pixabay As testified by collections such as those of Trinity College’s Old Library, copying and illustrating manuscripts by hand was such a well-developed practice among members of mediaeval religious orders in Ireland that two Christian saints – Columba and Finnian – ended up having the first recorded copyright dispute in the Western world’s history.

Copyright Law 105

Copyright Law Copyright Copying Law 105

Plagiarism Today

MAY 11, 2023

Next week I will be a guest at a Creative Law Center workshop on the Digital Millennium Copyright Act. Join us to learn more about the DMCA. The post Upcoming DMCA Takedown Workshop appeared first on Plagiarism Today.

Plagiarism 195

Plagiarism Copyright Law 195

IP Watchdog

MAY 6, 2023

Brands — legally protected as trademarks — have value. We all understand that intuitively. Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. According to a recent study, the number of trademarks a company registers in a given year helps predict that company’s profitability and stock returns for the following year.

Trademark 120

Trademark Registration Ownership Branding 120

JD Supra Law

MAY 12, 2023

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v. Sanofi. This has not surprisingly generated a great deal of interest and amicus briefing.

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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. While there has been a recent rising trend of such orders from the court (see here , here , here , here and here ) wherein the IP Offices’ orders were remanded back for being cryptic, unclear on the grounds of objecti

Trademark 103

Trademark Patent Patent Application Invention 103

Plagiarism Today

MAY 10, 2023

RIAA responds to Yout's appeal, court orders Grande to hand over subscriber data and NC schools get a new logo after copyright battle. The post 3 Count: Scream and Yout appeared first on Plagiarism Today.

Plagiarism 187

Plagiarism Copyright 187

IP Watchdog

MAY 12, 2023

This week in Other Barks & Bites: AI inventorship comments due, the United States Patent and Trademark Office (USPTO) seeks nominations to two advisory committees; Oprah’s company settles a trademark dispute with a podcast; and high-profile pharmaceutical company CEOs testify before the Senate on insulin prices.

Patent 100

Patent Trademark Intellectual Property IP 100

JD Supra Law

MAY 11, 2023

BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC - Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: A party challenging the Board’s decision by alleging claim construction errors must demonstrate the harmfulness of the alleged errors for the Board’s decision to be reversed.

Patent 105

Patent 105

Michael Geist

MAY 6, 2023

Earlier today, the Liberal party convention approved (subject to a final vote) two stunning policy resolutions with enormous implications for freedom of expression. First, as discussed yesterday , it approved a resolution that seeks to “hold on-line information services accountable for the veracity of material published on their platforms and to limit publication only to material whose sources can be traced.

Government 105

Government Journalism Privacy Advertising 105

Plagiarism Today

MAY 9, 2023

Apple loses appeal against Corellium, Bungie wins default judgment against LaviCheats and Nintendo goes on takedown spree. The post 3 Count: Bitten Apple appeared first on Plagiarism Today.

Plagiarism 181

Plagiarism Copyright 181

The IP Law Blog

MAY 11, 2023

In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. Patent No. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the Same. The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) comprising cannabinoids obtained by extraction from cannabis.

Litigation 98

Litigation Patent Patent Application Patent Infringement 98

JD Supra Law

MAY 11, 2023

Suppose you have expressed your work in a tangible form, but it contains material generated by artificial intelligence (AI). Although your copyright exists at the moment of creation, does the work contain enough human authorship on which to base a claim for copyright registration? Should you register the copyright on the work with the U.S. Copyright Office?

Copyright 105

Copyright Registration 105

IP Law 360

MAY 11, 2023

Federal Circuit Judge Pauline Newman has filed a lawsuit against Chief Judge Kimberly Moore and the other members of the court, saying that an investigation into whether she is fit to remain on the bench violates her rights under the U.S. Constitution.

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Plagiarism Today

MAY 10, 2023

A movie poster for an upcoming Indian film has sparked controversy as many feel it's too close a design used by Argo. The post India’s Poster Plagiarism Controversy appeared first on Plagiarism Today.

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Plagiarism Designs Design Copyright 177

Velocity of Content

MAY 9, 2023

CCC will present a Town Hall discussion via LinkedIn Live on 10 May at 11:00 a.m. EDT/16:00 BST/17:00 CEST where a VIP panel will share best practices for developing research data that is FAIR through culture, training, and technology. Audience members will learn how to identify signals of improvement and create breakthrough interoperability across research domains.

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Copyright Government Publishing Technology 98

JD Supra Law

MAY 11, 2023

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles – directed at U.S. practitioners trying to familiarize themselves with the basic features of the UPC – aims to provide a high level view on the key aspects of the UPC system, compare them to patent litigation in the U.S., and consider their implications on U.S.

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Patent Litigation Contracts 105

Olartemoure Blog

MAY 9, 2023

Every year, the European Commission (EC), publishes its Annual Report on Competition Policy, which includes the major Competition Policy developments and regulatory initiatives of the year, together with a selection of important enforcement actions. The 2022 report is out, and here is a summary of its most important elements: Key policy implementations  The adoption of the Temporary Crisis Framework to overcome the lack of liquidity of companies affected by the economic disruption caused by the

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Reporting Intellectual Property Law Publishing 98

Plagiarism Today

MAY 8, 2023

Kanye West settles case over unlicensed sample, US seizes more Z-Library domains and Ed Sheeran shares tender moment after winning. The post 3 Count: Zzzzzzz Library appeared first on Plagiarism Today.

Plagiarism 130

Plagiarism Copyright Settlement Music 130

IP Law 360

MAY 9, 2023

President Joe Biden has nominated Paramount Global executive Deborah Robinson to be the nation's next intellectual property enforcement coordinator, aiming to fill a post that has been vacant for more than two years and drawing praise from Hollywood, software and publishing groups.

Intellectual Property 98

Intellectual Property IP Publishing 98

JD Supra Law

MAY 11, 2023

Artificial Intelligence (AI) has rapidly become an essential component of various creative processes across multiple industries. As AI continues to advance and permeate creative fields, questions regarding the protection of intellectual property (IP) rights for AI-generated and AI-assisted works have emerged. By: Brooks Kushman P.C.

Intellectual Property 105

Intellectual Property Copyright IP 105

43(B)log

MAY 9, 2023

Apple v. Corellium, Inc. , No. 21-12835 (11th Cir. May 8, 2023) The Eleventh Circuit affirmed the core finding that Corellium’s copying of iOS for security research purposes was fair use, but vacated and remanded for further analysis of contributory infringement claims and claims related to the use of the icons, giving Apple another bite at, etc. I won’t recap the whole opinion, but I do note that the court of appeals says, perhaps more explicitly than any other court, that the question is wheth

Copying 98

Copying Fair Use Copyright 98

The IPKat

MAY 9, 2023

A Board of Appeal decision published today ( T 2432/19 ) directly contradicts the previous decisions implementing G1/21. The Board of Appeal in T 2432/19 applies the clear direction from G1/21 that in-person proceedings should be the default in view of the inadequacies of current ViCo technology. In doing so, the Board of Appeal places itself in direct opposition to previous Boards of Appeal decisions having a more "dynamic" interpretation of G1/21.

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Technology Publishing Patent 97

IP Law 360

MAY 8, 2023

The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.

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Ownership Intellectual Property Law Copyright Intellectual Property 98