Sat.Jan 06, 2024 - Fri.Jan 12, 2024

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There is a Good Reason it’s not called “Artificial Creativity”

Hugh Stephens Blog

Image: Shutterstock There has been lots of ink spilled over the issue of Artificial Intelligence (AI) developers free riding on the backs of creators by copying and ingesting their content without permission to produce AI “created” content, output that sometimes competes directly in the market with the original work.

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The Weaponization of Plagiarism 

Plagiarism Today

Plagiarism has long been a powerful weapon in politics, however, now the weaponization of plagiarism is expanding and targeting new people. The post The Weaponization of Plagiarism appeared first on Plagiarism Today.

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3 Things I’ve Learned Teaching Trademarks

Erik K Pelton

The following is an edited transcript of my video 3 Things I’ve Learned Teaching Trademarks I’ve been teaching for the last few years at Howard University School of Law, where I teach and supervise the trademark clinic course. In addition, I have taught many webinars and other courses on a variety of trademark topics. I want to share three things that I’ve learned teaching about trademarks.

Trademark 130
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Site Blocking and Age Verification for Twitter, Instagram, Snap and Twitch?: Age Verification Lobby Confirms it Wants Bill S-210 to Cover All Social Media Sites

Michael Geist

Bill S-210 – the Protecting Young Persons from Exposure to Pornography Act – burst onto the public scene late last year as a majority of the House voted for the bill at second reading , sending it to the Public Safety committee for review. The bill, which is the brainchild of Senator Julie Miville-Duchêne , was supported by the Conservatives, Bloc and NDP with a smattering of votes from backbench Liberal MPs (the cabinet voted against, signalling it is not supported by the government

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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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No AI FRAUD Act Would Create IP Rights to Prevent Voice and Likeness Misappropriation

IP Watchdog

Today, U.S. Representatives María Elvira Salazar (R-FL) and Madeleine Dean (D-PA) introduced the No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act of 2024 to create legal mechanisms by which Americans can prevent unauthorized uses of their likenesses and voices by generative AI platforms. The bill seeks to provide for intellectual property (IP) rights in an individual’s voice and likeness as well as remedies including statutory damages and disgorged profits

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Understanding Wizards of the Coast’s New AI Art Debacle

Plagiarism Today

Wizards of the Coast has found itself at the center of yet another plagiarism scandal, this one involving an AI image in marketing materials. The post Understanding Wizards of the Coast’s New AI Art Debacle appeared first on Plagiarism Today.

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Meta Admits Use of ‘Pirated’ Book Dataset to Train AI

TorrentFreak

In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and more recently the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component as well.

Fair Use 132
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Plant varieties and priority periods: insights from recent Italian cases

The IPKat

The Italian Corte Suprema di Cassazione issued some interesting judgments about plant varieties in 2023. In particular, two cases clarified the assessment of novelty and distinctness of plant varieties that were the subject of earlier foreign IP rights, but didn’t claim priority in their subsequent Italian plant variety rights (PVR) applications. Priority for Plant Varieties This Kat was full of beans after reading these decisions on Italian plant variety law.

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US Copyright Office Proposes New Collective Registration for News Sites

Plagiarism Today

The United States Copyright Office has proposed a new registration process for news sites. Here's why many should be wary. The post US Copyright Office Proposes New Collective Registration for News Sites appeared first on Plagiarism Today.

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U.S. Copyright Office Activities in 2023: A Year in Review

Copyright Alliance

In 2023, like the rest of us who toil in copyright and creativity, the U.S. Copyright Office was also laser focused on the impact of AI on copyright. Last week, […] The post U.S. Copyright Office Activities in 2023: A Year in Review appeared first on Copyright Alliance.

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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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Voice to be a New Property Right of Musical Artists to Protect Against Unauthorized “Soundalikes”

JD Supra Law

Proposed bills at the federal and state level were announced January 10, both intended to protect recording artists and the music industry from unauthorized “soundalike” vocals created using artificial intelligence (AI) technology. From Nashville to Capitol Hill, the bills would each expand publicity rights by creating a property right in an individual’s voice.

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Google Sees DMCA Takedown Requests Surge to New Highs

TorrentFreak

In 2012, Google expanded its transparency report with a new section dedicated to DMCA takedown requests. For the first time, outsiders were able to see which URLs were being targeted by copyright holders and in what quantity. The decision to make this information public was in part triggered by a rapid increase in removal requests. The increased activity impacted the “free flow of information”, the search engine argued.

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Copyright Claims Board Sides with Defaulting Party in Judgement

Plagiarism Today

In a recent decision, the Copyright Claims Board ruled in favor of a respondent, even though the respondent was in default. The post Copyright Claims Board Sides with Defaulting Party in Judgement appeared first on Plagiarism Today.

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Tillis and Coons Introduce Bill to Study Bayh-Dole Reporting Processes

IP Watchdog

Senators Thom Tillis (R-NC) and Chris Coons (D-DE) have introduced a bill to study the inefficiencies in the reporting system required under the Bayh-Dole Act, with an eye toward streamlining processes. Titled the “Improving Efficiency to Increase Competition Act of 2023,” the bill would direct the Comptroller General of the United States to submit a report to Congress on the impact of the various reporting requirements implemented by different agencies under Bayh-Dole for intellectual property

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Recent Decision Raises Patent Eligibility Concerns Regarding Certain Gene Therapy-Related Inventions

JD Supra Law

This past Friday, a federal district court held that the mere fact of combining certain natural products – such as isolated, naturally occurring AAV sequences and a heterologous non-AAV sequence – and putting them into a cultured host cell, without some change, does not give rise to a patent eligible invention under 35 U.S.C. § 101.

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Tachiyomi Manga Reader: Threats Motivate Pirates & Boost Engagement

TorrentFreak

For those not fully engaged in the global manga/webtoon phenomenon, the scale and depth can be a little bewildering. Fans are knowledgeable, passionate, and growing in numbers, with many older enthusiasts having been introduced to the content via pirate sites, at a time when content was impossible to buy legally. Availability is much improved today but old habits die hard; pirate sites haven’t gone away either, a major challenge for content owners everywhere, in every content category.

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3 Count: AI Battles

Plagiarism Today

OpenAI claims its impossible to train AI without copyrighted works, Midjourney lists artists used in their and video piracy on the rise, The post 3 Count: AI Battles appeared first on Plagiarism Today.

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Fungi-based bacon named ‘MYBACON’?

The IPKat

Plant-based alternatives to meat and other animal products have found their way into the shelves of traditional food retailers. This trend has caused some interesting trade mark filings and decisions. The General Court found Oatly’s slogan ‘It’s like milk but made for humans’ sufficiently distinctive inter alia for ‘diary substitutes’ (IPKat here ).

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USPTO Says Wands Still Controls Post-Amgen in New Enablement Guidelines

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) published guidelines for examiners today on the topic of enablement in light of the Supreme Court’s May 2023 decision in Amgen v. Sanofi. The Office’s view seems to largely mesh with what our guest authors concluded earlier today—Amgen isn’t getting rid of In re Wands and—at the USPTO at least—the decision has seemingly maintained the status quo.

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Beijing Court Approves Copyright Protection for AI-Generated Images

JD Supra Law

The Beijing Internet Court (BIC) recently recognized copyright protection in artificial intelligence (AI) generated images, ruling that the images met the requirements of originality and reflected a human's intellectual property investment. Li v. Liu, Written Civ. Rulings (Beijing Internet Ct. Nov. 27, 2023) (China).

Copyright 113
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3 Count: San Francisco Treat

Plagiarism Today

Artist sues San Francisco over billboard, Steamboat Willie faces copyright struggles on YouTube and Aritzia wins dismissal in sculpture case. The post 3 Count: San Francisco Treat appeared first on Plagiarism Today.

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Video Piracy Visits Rose to 141 Billion in 2023, Report Shows

TorrentFreak

Despite the widespread availability of legal options, online piracy remains rampant. Every day pirate sites are visited hundreds of millions of times. This presents a serious problem for major content producers, Hollywood studios included, who are working hard to shut down the most egregious piracy sources. 141 Billion Visits in 2023 Fresh data released by piracy tracking outfit MUSO and consulting firm Kearney suggests that piracy remains rampant nonetheless.

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Amgen v. Sanofi: Seven Months In, Has Anything About Patent Enablement Changed?

IP Watchdog

Last term, the U.S. Supreme Court did something strange: the Court unanimously affirmed a circuit decision, which had unanimously affirmed a trial court decision. Little about the law seemed ripe for dispute or change, nevertheless, in Amgen v. Sanofi the Supreme Court spoke. Seven months later, innovators and patent practitioners are still scratching their heads.

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Infographic | The designated gatekeepers

Olartemoure Blog

The Digital Markets Act (DMA), the groundbreaking EU law addressing antitrust, unfair competition, and consumer protection, has now designated major tech companies as gatekeepers. The DMA defines gatekeepers as: Digital platforms that have a significant size, with an impact on the internal market, and that control a gateway from business users to end consumers with a consolidated and lasting position.

Designs 105
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3 Count: DMCA Surge

Plagiarism Today

News organizations testify before Senate against AI, Google sees DMCA takedown surge and Pink Floyd releases recordings to protect copyright. The post 3 Count: DMCA Surge appeared first on Plagiarism Today.

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Could Piracy Help Netflix Win the Streaming Wars?

TorrentFreak

Two weeks ago we published our overview of the most pirated TV-shows of 2023, with HBO’s “The Last of Us” emerging as the clear winner. The annual list featured series from all popular video subscription services, except one. In line with previous years, Netflix titles were notable for their absence. This could lead to the conclusion that pirates simply think that Netflix content isn’t worth watching.

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“Diversion”: Threat or menace?

Likelihood of Confusion

We have written before (as have some judges) about the dubious concept of “diversion,” usually used to rationalize the equally dubious concept of “initial interest confusion,” as well as in. The post “Diversion”: Threat or menace? appeared first on LIKELIHOOD OF CONFUSION™.

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Tokenization of IP assets

Olartemoure Blog

In recent years, the concept of tokenization of assets has gained a lot of attention in the business world. Tokenization refers to the process of creating digital tokens that represent ownership of an asset. The assets can be physical or digital, and tokenization allows for fractional ownership of assets, making it easier for investors to buy and sell them.

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Copyrights, Trademarks, and a Certain Animated Mouse

Greenspoon Marder LLP

By: Gavin M. Strube, Esq. 2024 has started off with big news in the intellectual property world. Mickey Mouse has officially entered the public domain! In a page taken from the recent release of “Winnie the Pooh: Blood and Honey,” it should come as no surprise that at least two different horror movies featuring Mickey Mouse have already been announced. […] The post Copyrights, Trademarks, and a Certain Animated Mouse appeared first on Greenspoon Marder LLP.

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DAZN DMCA Notice Hits Pluto TV Playlist Linking to DAZN’s Own Streams

TorrentFreak

For people on a budget and even for those who are not, there’s a lot to like about free, ad-supported television; FAST for short. Available via the internet on almost any device, streaming services like Pluto TV, Tubi, The Roku Channel, and Freevee, offer TV shows and surprisingly large movie libraries, delivered across hundreds of channels. Completely free to use, with quality improving all the time, FAST services are growing in popularity thanks to almost no barriers to entry.

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Recent AI Copyright Lawsuits Are About More than Compensation for Authors

The Illusion of More

Last week, writer and broadcaster Andrew Keen invited me to his podcast Keen On to talk (of course) about artificial intelligence. When we got to the subject of the New York Times lawsuit against Open AI and Microsoft, I noted that 1) it is arguably the strongest copyright case presented to date against an AI […] The post Recent AI Copyright Lawsuits Are About More than Compensation for Authors appeared first on The Illusion of More.

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7 E-Discovery Predictions For 2024 And Beyond

IP Law 360

The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

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Building the Future of Technology with Girls Who Code

Velocity of Content

CCC’s internal Diversity, Equity, and Inclusion (DEI) Employee Resource Group recently launched a pilot Girls Who Code team at the elementary school level. Girls Who Code is an international nonprofit organization working to close the gender gap in technology, and is leading the movement to inspire, educate, and equip students who identify as girls or nonbinary with the computing skills needed to pursue 21 st century opportunities.

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Film Companies and Reddit Clash Again in Court over Anonymous Piracy Comments

TorrentFreak

Millions of people regularly pirate movies and music. While this is against the law, most don’t get into trouble. Some people feel so comfortable about their piracy habits that they openly discuss them online. On Reddit , for example, where most people use a semi-anonymous handle. Admissions of anonymous Redditors typically go unnoticed by copyright holders and, even when observed, it’s rare for companies to take matters further or ask any questions.

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Trademark Toolkit for In-House Counsel: “Can We Trademark This?”

JD Supra Law

Most in-house counsel periodically encounter branding questions — and the business team wants answers … yesterday! To give you a head start, this article discusses a key branding question that companies frequently face and provides a roadmap for addressing it.