June, 2022

Using the Copyright Small Claims Board to Fight Essay Mills

Plagiarism Today

In December 2020, the United States government passed the Copyright Alternative in Small-Claims Enforcement Act (CASE Act). The act, to put it simply, created the Copyright Small Claims Board (CCB), a “small claims court” to hear copyright infringement disputes.

Was it Careless Infringement (but for a Good Cause) or a Derivative Design Inspired by Another Indigenous Artist? (The “Every Child Matters” Copyright Story)

Hugh Stephens Blog

Sometimes copyright issues are essentially black or white. There was obvious infringement. It was done for commercial gain. It was bad; it shouldn’t have happened. Period. Often, however, things are not so clear and there are various shades of grey involved. This is one of those cases.

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Harvard Lawyers Don’t Think That Piracy is Theft, Research Finds

TorrentFreak

Most people know all too well that downloading and sharing pirated movies and TV shows is against the law. Nonetheless, millions do so on a daily basis. These pirates are not all borderline criminals. They can be doctors, veterans, police officers, or even lawyers too.

Note to Senators: U.S. Patent Office Remains Under a Permanent Injunction

IP Watchdog

On June 8, 2022, Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun sent a letter to U.S.

Patent 108

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.

Heritage Minister Pablo Rodriguez Betrays Democratic Norms To Rush Bill C-11 Through Committee

Michael Geist

The Standing Committee on Canadian Heritage conducted the one day of debate on Bill C-11 yesterday that Canadian Heritage Minister Pablo Rodriguez and the Liberal government – aided and abetted by the NDP – required under a House of Commons motion.

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The John Hughes Plagiarism Scandal

Plagiarism Today

On June 9th, Anna Katharine Verney at the Guardian Australia published a lengthy analysis of the John Hughes book The Dogs. The book was on the longlist for the Miles Franklin prize, widely considered to be the highest literary prize in Australia.

O Hypocrisy! U of T Sues Tutorial Service for Copyright Infringement After Ripping Off Authors for the Past Decade?

Hugh Stephens Blog

O Hypocrisy, know ye no bounds? That was the thought that flashed into my head when the University of Toronto (U of T) announced that it was suing Easy Group, a Toronto based tutorial service catering mainly to international students, for copyright infringement.

‘Pirate’ Streaming Apps Beat Netflix and Disney in Brazil’s Play Store

TorrentFreak

Over the past decade, mobile applications have become the standard platform for most people to consume content online. Whether it’s for shopping, news, or entertainment, there is a mobile app available for any type of content.

How NOT to Protect Your Trademark?

Erik K Pelton

In this week’s whimsical episode, Erik takes a sarcastic approach about what NOT to do in order to protect a trademark. Press the play button and discover his insights and learn why Erik’s family thinks he is a sarcasm expert. The post How NOT to Protect Your Trademark?

The TRIPS Waiver: What Does it Mean to Change the Rules of the Game?

IP Watchdog

A terrible idea – wayward and ill-conceived, criticized by all economic, political and geopolitical fronts – has come to fruition. The World Trade Organization’s (WTO) TRIPs waiver on patents related to COVID-19 vaccines will disincentivize the entire industry from investing in vaccine production.

Another Court Says Section 230 Applies to Retweeting–Holmok v. Burke

Technology & Marketing Law Blog

Holmok teaches at Lakewood High School. Virag tweeted: “When I was in his engineering class, I had been a part of a few reports filed against him. Some being racial and some being sexist. Nothing was ever done.” ” Burke retweeted Virag’s tweet and added “@Lakewood_LHS.”

A $500,000 Plagiarism Scandal

Plagiarism Today

Jean McCorquodale is the wife of former California state senator Dan McCorquodale. Between 2009 and 2019, she held a very lucrative position at the Santa Clara County government. According to The Mercury News , In 2009, she was awarded a no-bid contract to be the sole grant writer for the county.

Unravelling the Complexities of the Canadian Content (Cancon) Conundrum

Hugh Stephens Blog

“Feds to modernize definition of a Canadian film and TV program” screamed the headline.

Paris Hilton is One of the First Defendants at the ‘Small’ Copyright Claims Board

TorrentFreak

Last Thursday, the US Copyright Claims Board went live. Through this venue, hosted at the Copyright Office, copyright holders can try to recoup alleged damages outside the federal court system. The board aims to make it cheaper for creators to resolve disputes.

The Bill C-11 Effect: “Any Video on TikTok That Uses Music Could be Subject to Regulation”

Michael Geist

Music 106

Vidal to Review Institution of Cases Against VLSI Under Interim Director Review Process

IP Watchdog

United States Patent and Trademark Office (USPTO) Director Kathi Vidal has intervened in two Patent Trial and Appeal Board (PTAB) cases that have caused much controversy in the patent world. Vidal yesterday granted Director Review in both OpenSky Industries, LLC v.

“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

Technology & Marketing Law Blog

The plaintiff, Davis, is a member of two Facebook groups: “Ahwatukee411,” with over 32k members as alleged in the complaint (as the screenshot on the right shows, it’s now over 34k members), and “Protecting Arizona’s Resources & Children” (“PARC”), with 900+ members.

‘Copyright Troll’ Threatens Student Paper Over Creative Commons Image

Plagiarism Today

Earlier this week, Mike Hiestand at the Student Press Law Center (SPLC) shared the story of an unnamed school newspaper that is facing a legal threat from a “copyright troll” over the use of an image on their site. .

Two Big Wins for Site Blocking as a Means to Counteract Online Content Piracy

Hugh Stephens Blog

Site blocking—aka disabling access to copyright infringing websites and services—continues to gain wider acceptance as a useful tool in the fight against online content piracy.

MANGA Plus Invites Users to Confess Piracy & Name Most-Used Pirate Sites

TorrentFreak

For many years Japanese manga companies had a tendency to ignore the majority of overseas markets, despite the potential for lucrative trade.

Each trademark application has a unique blueprint

Erik K Pelton

A lot of design and planning goes into the drafting and filing of a trademark application at the USPTO, each application has a unique blueprint. The post Each trademark application has a unique blueprint appeared first on Erik M Pelton & Associates, PLLC

Petition Asks SCOTUS to Clarify Takings Clause in Context of Copyright Infringement

IP Watchdog

Following a denial of rehearing en banc by the U.S. Court of Appeals for the Fifth Circuit in February, publishing company Canada Hockey L.L.C., doing business as Epic Sports, and Michael Bynum, a sportswriter and editor, have now filed a petition for writ of certiorari with the U.S.

Patent Poetry: An NFT Showing a Physical Product May Be “Artistic”

JD Supra Law

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

Who the Copyright Claims Board May Help the Most

Plagiarism Today

Earlier this month, the Copyright Claims Board (CCB) began accepting cases. The long sought after copyright small claims court , the CCB can hear cases where the damages are less than $15,000 per work or $30,000 in total.

Book Release: The Finished Article: Essays on Indian Designs Law

SpicyIP

Takedown Notice Wipes Game Boy Advance Emulator From GitHub

TorrentFreak

Playing games using browser-based emulators is a niche pastime of some of the most dedicated gamers. For Game Boy Advance fans there are a few websites that offer this option, albeit without permission from Nintendo.

How Does the Supply Chain Impact the World of Trademarks?

Erik K Pelton

The following is an edited transcript of my video How Does the Supply Chain Impact the World of Trademarks?

Thaler Pursues Copyright Challenge Over Denial of AI-Generated Work Registration

IP Watchdog

On June 2, Dr. Stephen Thaler filed a complaint in the U.S. District Court in Washington, D.C. naming as defendants both the United States Copyright Office (USCO) and Shira Perlmutter, in her official capacity as Register of Copyrights and Director of the USCO.

Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

JD Supra Law

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. In taking up the case, Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law.

Kevin Kruse and the Peak Political Plagiarism Scandal

Plagiarism Today

On the surface, the plagiarism allegations against Kevin Kruse are pedestrian. .

Strong Statement by India at the 12th WTO Ministerial Conference

SpicyIP

Digital Trails: How Bungie Identified a Mass Sender of Fake DMCA Notices

TorrentFreak

Earlier this year, Bungie and its enthusiastic Destiny fan community were plunged into chaos. Using the DMCA’s takedown process as a weapon, persons unknown sent copyright notices to YouTube, claiming that the targeted videos should be taken down for infringing Bungie’s rights.

Music 106

What Information Becomes Public in a Trademark Application?

Erik K Pelton

The following is an edited transcript of my video What Information Becomes Public in a Trademark Application? An important topic that I get asked about frequently is, “What information from my trademark filing will be public?”