Hugh Stephens Blog

OCTOBER 11, 2022

Well over half the world (more than 90 countries from Algeria to Venezuela, with all of the members of EU, Britain, Australia, Mexico and many African countries included) have an Artists’ Resale Right (ARR) in their copyright law, but not North America north of the Rio Grande—except for California. North of Mexico, the ARR does … Continue reading " Will the “Artists’ Resale Right” Come to Canada and the US?

Copyright Law 246

Copyright Law Copyright Law 246

Plagiarism Today

OCTOBER 12, 2022

Paul McCrory. According to Retraction Watch , former prominent concussion researcher Paul McCrory has drawn another 9 transactions as the British Journal of Sports Medicine and its publisher, BMJ, continues their investigation into his library of work. The nine retractions all involve opinion pieces that he authored for the journal while serving as editor-in-chief between 2001 and 2008.

Plagiarism 260

Plagiarism Journalism Publishing 260

Erik K Pelton

OCTOBER 14, 2022

The following is an edited transcript of my video State vs. Federal Trademark Registration. When we’re dealing with the world of trademarks, more than 99% of the time we’re dealing with federal trademark protection with the USPTO, which extends to all 50 states, as well as the District of Columbia and US territories. But there are instances where state trademark protection does come up.

Registration 147

Registration Trademark Editing Business 147

McKinsey Operations

OCTOBER 12, 2022

Nuclear fusion has long been considered a near-impossible clean-energy solution. But technological advances—and the need for a flexible zero-carbon power grid—have made fusion worth considering.

Technology 143

Technology 143

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

The IPKat

OCTOBER 14, 2022

The Chartered Institute of Patent Attorneys (CIPA) is reporting that the EPO Administrative Council (AC) has decided to abolish the 10 day rule. Old style delivery The EPO "10 day rule" is currently provided by Rule 126(2) EPC. The Rule stipulates that notification from the EPO is considered to occur 10 days after the date on which the notification was sent.

Reporting 140

Reporting Patent 140

Plagiarism Today

OCTOBER 13, 2022

Talking about plagiarism, attribution and citation with students is a serious challenge. . These are inherently nuanced issues and, often times, the best questions don’t have clear or bright line answers. Couple that with the high stakes when it comes to grades and disciplinary action, students are understandably confused, frustrated and scared. However, that is part of why it is so important for teachers to talk about plagiarism.

Plagiarism 203

Plagiarism Editing 203

McKinsey Operations

OCTOBER 11, 2022

Global Lighthouse Network organizations continue to light the way in the Fourth Industrial Revolution. To keep up, companies must now scale technologies across sites and value chains.

Technology 140

Technology 140

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator. The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownershi

Inventor 140

Inventor Invention Patent Ownership 140

Plagiarism Today

OCTOBER 13, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: U.S. Supreme Court Tackles Andy Warhol Copyright Dispute. First off today, Blake Brittain at Reuters reports that yesterday the Supreme Court heard oral arguments in a case pitting photographer Lynn Goldsmith against the estate of artist Andy Warhol. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine.

Cease and Desist 185

Cease and Desist Copyright Infringement Licensing Fair Use 185

IP Watchdog

OCTOBER 10, 2022

Roomba maker IRobot Corp. came closer to its goal of knocking down cheaper rival SharkNinja after winning a decision in its patent-infringement case at the International Trade Commission (ITC/Commission), though it wasn’t a clear victory. ITC Judge MaryJoan McNamara said SharkNinja infringed two of four asserted iRobot patents, according to a notice posted last week on the agency’s electronic docket.

Confidentiality 137

Confidentiality Patent Infringement Business Patent 137

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

McKinsey Operations

OCTOBER 12, 2022

Repeatedly rebounding from disruption is tough, but some companies have a recipe for success: a systems mindset emphasizing agility, psychological safety, adaptable leadership, and cohesive culture.

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TorrentFreak

OCTOBER 13, 2022

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. Where other groups often take pride in announcing million-dollar damages and prison sentences against pirates, BREIN is rather pragmatic. This approach is illustrated by a warning campaign launched at the end of 2020. Unlike other copyright enforcement groups, BREIN is not interested in casual pirates.

Licensing 134

Licensing IP Privacy Copyright Infringement 134

Plagiarism Today

OCTOBER 11, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. First off today, Ronald Mann at SCOTUSblog reports that, tomorrow, the Supreme Court of the United States (SCOTUS) is expected to hear arguments in the case of Andy Warhol Foundation for the Visual Arts, Inc. v.

Fair Use 176

Fair Use Reporting Licensing Plagiarism 176

Technology & Marketing Law Blog

OCTOBER 12, 2022

John Stossel has over a million Facebook followers. He posted two videos that triggered fact-checking responses from Facebook. The first video, “Government Fueled Fires,” downplayed the impact of climate change as the cause of California’s annual forest fire conflagrations. Facebook added a “missing context” legend that said “[i]ndependent fact-checkers say this information is missing context and could mislead people.

Litigation 132

Litigation Advertising Advertising Blogging 132

McKinsey Operations

OCTOBER 13, 2022

Winners are already emerging in the race to provide banking and payments infrastructure for embedded finance, but incumbents and new entrants still have time to claim a share of this dynamic market.

Marketing 136

Marketing Marketing 136

TorrentFreak

OCTOBER 12, 2022

Over the years, copyright holders have tried a multitude of measures to curb online piracy, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While blocking measures are not bulletproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. The blocking approach was very controversial at the start of the last decade but it’s increasingly being normalized.

Copyright 134

Copyright Copyright Law Law Reporting 134

Plagiarism Today

OCTOBER 12, 2022

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Appeal Court Upholds Wolfgang’s Vault Copyright Ruling, Including the Disappointing Damages. First off today, Chris Cooke at Complete Music Update reports that the Second Circuit Court of Appeals has upheld a verdict against the concert streaming service Wolfgang’s Vault, including a meager damages award.

Licensing 165

Licensing Music Television Plagiarism 165

IP Watchdog

OCTOBER 12, 2022

The Pride in Patent Ownership Act, S.2774, is currently being attached to the National Defense Authorization Act (NDAA). The NDAA is “must pass” legislation funding the military at a time when wars are brewing around the world, some with credible threats of nuclear war. Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law.

Ownership 131

Ownership Patent Patent Infringement Trademark 131

McKinsey Operations

OCTOBER 13, 2022

Digital payment transactions are skyrocketing in emerging markets as innovations proliferate. Banks, fintechs, and telecom companies must quickly develop their strategy to compete for market share.

Marketing 134

Marketing Marketing 134

TorrentFreak

OCTOBER 9, 2022

Russia’s invasion of Ukraine has resulted in thousands of tragic deaths while millions of people have been forced to flee their homes. While soldiers risk their lives on the battlefield, an information war is raging around the world. More than in any previous armed conflict, the Internet has presented itself as a powerful weapon. Propaganda has always been an integral part of warfare, on all sides.

Copyright 134

Copyright Government Reporting Technology 134

Patently-O

OCTOBER 11, 2022

by Dennis Crouch. I assume that you have read The Onion amicus brief in Novak v. City of Parma Ohio. If not, please do it is a total classic. Novak Parma Onion Amicus Brief PDF. The case involves Anthony Novak who created a parody Facebook page to mock his the local police department in Parma, Ohio. The posts were clearly parody after perhaps a bit of initial confusion.

Government 128

Government Reporting Patent 128

IP Watchdog

OCTOBER 12, 2022

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces. The draft sets out to “crack down on illegal and untrustworthy acts” carried out by Chinese patent agencies and promote a healthier development of Chinese intellectual property.

Patent Application 128

Patent Application Intellectual Property Patent Government 128

Technology & Marketing Law Blog

OCTOBER 8, 2022

by guest blogger Kieran McCarthy. Most online terms-of-use agreements claim to give their drafters broad discretion to modify the terms at the host’s discretion. Some terms-of-use agreements purport to allow host websites to modify the terms by sending an email (inevitably, to your spam folder) to notify you of the changes. Others require users to constantly refresh their browsers to know when updates occur.

Marketing 127

Marketing Marketing Contracts Business 127

TorrentFreak

OCTOBER 10, 2022

The Motion Picture Association (MPA) has been a key player in the anti-piracy fight for decades and this position has only strengthened in recent years. As the driving force behind the Alliance for Creativity and Entertainment, the MPA finds itself at the center of an international enforcement apparatus. Just a few days ago we reported how ACE was instrumental in shutting down pirate streaming services in Latin America.

Reporting 134

Reporting Advertising Advertising Marketing 134

Patently-O

OCTOBER 14, 2022

Christopher Rudy filed his fishing hook patent application back in 1988 with a file-wrapper-continuation in 1989. At the time he was already a patent attorney and so worked his own case. But, the USPTO offered some resistance. The BPAI/PTAB issued three different opinions on record, and the Federal Circuit also issued a 2020 decision holding that some of the claims were directed to the unpatentable abstract of “selecting a fishing hook based upon observed water conditions.” In re

Patent Application 124

Patent Application Patent Litigation 124

IP Watchdog

OCTOBER 11, 2022

With all of the problems besetting us, you might think that the last thing we need right now is another give-away of critical technologies, but that could be about to happen. Negotiations are underway in Geneva over a proposal from “developing countries” that negating patent protections for our COVID-19 vaccines wasn’t good enough. Now they want to extend that foolish concession we agreed to earlier this year to any COVID therapy.

Technology 126

Technology Patent Government Intellectual Property 126

SpicyIP

OCTOBER 9, 2022

AI generated art is in full swing and the Indian Copyright Office is confused. AI generated art is created autonomously by artificial intelligence without creative contribution from humans (see below the image Dall-E 2 created with my prompt “a machine painting a canvas”). Such works qualify as ‘computer generated works’ under the Indian Copyright Act.

Registration 124

Registration Art Copyright Artwork 124

TorrentFreak

OCTOBER 11, 2022

Despite the growing availability of legal options, online piracy remains rampant. Every day pirate sites and services are used by millions of people worldwide. New data released by UK-based piracy tracking company MUSO shows that pirate sites remain very relevant. And people have no trouble finding them either. 141.7 Billion. In fact, traffic to these sites is booming.

Music 132

Music Publishing Reporting Copyright 132

The TTABlog

OCTOBER 12, 2022

The TTAB recently ruled on the appeals from the three genericness refusals summarized below. Let's see how you do with them. Results will be found in the first comment. In re Responsiveads, Inc. , Serial No. 88453313 (September 30, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson). [Refusal to register RESPONSIVEADS for advertising, marketing and promotional services and for marketing software.

Advertising 122

Advertising Advertising Marketing Marketing 122

IP Watchdog

OCTOBER 13, 2022

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision in part reversing and in part affirming a district court’s dismissal of an inventor’s patent infringement suit against Google under Federal Rule of Civil Procedure12(b)(6). Judge Hughes dissented in part from the majority’s opinion, which was authored by Judge Stoll, explaining that he would have found all of the challenged claims patent ineligible.

Inventor 119

Inventor Patent Infringement Patent Litigation 119

SpicyIP

OCTOBER 9, 2022

We are pleased to bring you a guest post by Dr. Sunanda Bharti discussing the Canadian decision in Society of Composers, Authors, and Music Publishers of Canada v. Entertainment Software Association on ‘making available’ rights and its application to India. Sunanda is a Professor in Law at Delhi University and has written several guest posts for us, which can be viewed here.

Music 119

Music Copyright Law Copyright Publishing 119

TorrentFreak

OCTOBER 12, 2022

Under extreme pressure from copyright holders and numerous public campaigns, brand leaders and ad agencies agreed that reputable cash shouldn’t find its way into the pockets of pirate site operators. Rightsholders believed that without access to mainstream advertising partners, pirate sites would eventually wither and die. Years later they’re still online, settling for less return per head but with increasing levels of traffic.

Cinema 129

Cinema Advertising Advertising Branding 129

McKinsey Operations

OCTOBER 13, 2022

With central banks increasingly exploring central bank digital currencies (CBDCs), now is the time for commercial banks to establish their role in a fast-changing landscape.

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IP Watchdog

OCTOBER 12, 2022

The Supreme Court today heard oral arguments in The Andy Warhol Foundation v. Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo. Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered tra

Fair Use 116

Fair Use Derivative Work Copyright Art 116

U.S. Department of Commerce

OCTOBER 13, 2022

Hispanic Heritage Month: Equity and Inclusivity for a Stronger Nation. October 13, 2022. KCPullen@doc.gov. Thu, 10/13/2022 - 09:54. Minority business growth. Post by. Gina M. Raimondo. As Secretary of Commerce, I have one overarching goal: improving America’s competitiveness so all our workers and companies can succeed in the global economy. And equity is at the core of our mission and underpins everything we do at the Commerce Department.

Business 115

Business Inventor Invention Technology 115