September, 2023

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Another AI Copyright Registration Rejected

Plagiarism Today

A famous AI-generated piece of art has been rejected by the US Copyright Office. Here's why the decision matters and what it means. The post Another AI Copyright Registration Rejected appeared first on Plagiarism Today.

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India Government Adopts New Tool to Tackle Film Piracy and Modernizes Content Classification

Hugh Stephens Blog

On August 4, 2023, India’s Cinematograph (Amendment) Bill, 2023, received Presidential assent and became the law of the land. Enactment marked the culmination of a decades-long process to update the country’s anti-piracy laws by cracking down on camcording in theatres and imposing significant penalties for distribution of illegally recorded films.

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The World’s Oldest Active Torrent Turns 20 Years Old

TorrentFreak

In 2003, the World Wide Web was still in its infancy. Dial-up connections were still the default and YouTube, Facebook, and Gmail had yet to be invented. There was a new technology making waves at the time. BitTorrent made it much easier for people to transfer large files, opening the door to unlimited video-sharing without restraints. Many people started experimenting with BitTorrent by sharing pirated films and TV shows.

Invention 142
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[Guest post] Artificial Intelligence and (hopefully) the death of copyright

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI.

Copyright 131
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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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A ‘Disgraceful and Insulting’ Decision: Judicial Council Officially Suspends Newman for One Year, Claiming ‘Serious Misconduct’

IP Watchdog

Just two days after hundreds in the intellectual property community stood for U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman following her thoughtfully delivered words at IPWatchdog LIVE 2023, the CAFC’s Judicial Council released a 375-page Order suspending Judge Newman from all cases. The order upholds the July 31 recommendation of the Special Committee that is investigating Judge Pauline Newman that Newman be suspended from taking on case assignments for one year, “o

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Internet TV services under the scrutiny of EU copyright law: CJEU ruling in Ocilion

Kluwer Copyright Blog

Photo by Kelly Sikkema via Unsplash With the Court of Justice of the EU (CJEU) restarting its activities after the vacation break, we look back to one of the late-summer judgement, standing out for its technical, yet impactful character. In Case C-426/21 , the CJEU looked into the complicated relationship between copyright law and online television services.

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Canada’s Online News Act: Will New Regulations Clarifying Revenue Expectations from Dominant Platforms Bring an End to Their News Blocking Tactics?

Hugh Stephens Blog

(Since the majority of my readership is outside Canada, I have gone into somewhat more background detail in this post than is probably necessary for Canadian readers, who may wish to skip the parts covering some well-rehearsed details of the legislation). As Canada’s disastrous wildfires continued their destructive path, with 2/3 of the population of … Continue reading "Canada’s Online News Act: Will New Regulations Clarifying Revenue Expectations from Dominant Platforms Bring an End to Th

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The Pirate Bay Celebrates Its 20th Anniversary

TorrentFreak

During the summer of 2003, Swedish pro-culture organization Piratbyrån was making a name for itself; sharing news and educating people on how they could share media online. What the group’s members didn’t realize at the time, is that the plans they made would create a ripple effect that still has an impact decades later. Like many other people mesmerized by the unbridled ability to share files over the Internet, the new BitTorrent protocol caught Piratbyrån’s eye.

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Hague Court provides first judgment on online marketplace IP infringement liability following Louboutin v Amazon

The IPKat

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen. Background The avid IPKat reader may recall that late last year, the IPKat reported on a somewhat surprising decision of the Court of Justice of the European Union (the CJEU), which held, disagreeing with the Advocate General’s op

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A Reality Check on the Online News Act: Why Bill C-18 Has Been a Total Policy Disaster

Michael Geist

Prime Minister Justin Trudeau was asked this week about concerns with the implementation of Bill C-18, to which he responded that other countries are quietly backing Canada in its battle against tech companies. I posted a reality check tweet noting that Meta is not returning to news in Canada, the law’s regulation stipulating a 4% fee on revenues is not found anywhere else, and that Bill C-18 has emerged as a model for what not to do.

Law 128
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Judge Newman Gets Standing Ovations During Induction into IPWatchdog Masters Hall of Fame; Presents First Ever Pauline Newman Award

IP Watchdog

Judge Pauline Newman, who is currently in the midst of a very public fight with the Chief Judge of her court, received two lengthy standing ovations at IPWatchdog LIVE on Monday as she accepted her induction into the IPWatchdog Masters Hall of Fame, and also presented the inaugural Pauline Newman Award to Henry Hadad of Bristol-Myers Squibb. Newman had a message for those in attendance that hinted at the need for a possible “major upheaval” of the judicial system for IP rights.

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Why Fables is NOT Public Domain (Yet)

Plagiarism Today

Bill Willingham, the creator of the Fables, says he has placed the universe in the public domain. However, it's not that simple. The post Why Fables is NOT Public Domain (Yet) appeared first on Plagiarism Today.

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UK Parliamentary Committee Shoots Down Copyright Exemption for AI Developers–But is it Really Dead?

Hugh Stephens Blog

The all-party Culture, Media and Sport Committee of the British House of Commons has just (August 30) issued a welcome report condemning plans announced by Britain’s Intellectual Property Office (IPO) in June of 2022 to create a limitless copyright exemption to enable tech companies to develop artificial intelligence (AI) applications without having to obtain permission … Continue reading "UK Parliamentary Committee Shoots Down Copyright Exemption for AI Developers–But is it Really D

Copyright 173
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TV Museum Will Die in 48 Hours Unless Sony Retracts YouTube Copyright Strikes

TorrentFreak

The advent of the internet and its subsequent development in the mainstream have given rise to a perpetual, collaborative, global recording machine that would’ve been unimaginable 40+ years ago. Back then, videotape recording machines were cutting edge and a type developed by Sony was fighting for its life. Since Sony’s Betamax-format recorders were able to record TV shows, studios including Universal and Disney sought to hold Sony liable for users’ alleged copyright infringeme

Copyright 142
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The localization of IP infringements in the online environment: From Web 2.0 to Web 3.0 and the metaverse – New study for WIPO

The IPKat

Dematerialized Kat Over time, technological advancements have resulted in novel ways both to exploit content and to infringe rights – including IPRs – vesting in them. Legislative instruments have consistently clarified that pre-existing rights continue to apply to new media , i.e., means to disseminate intangible assets, including in digital and online contexts.

IP 139
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United in Memory: The Effects of September 11 Still Reverberate Today

U.S. Department of Commerce

United in Memory: The Effects of September 11 Still Reverberate Today September 11, 2023 KCPullen@doc.gov Mon, 09/11/2023 - 09:35 First responder network By Joe Wassel, Executive Director and CEO, First Responder Network Authority September 11 irrevocably altered the lives of Americans. Today, on the anniversary, we solemnly reflect on that fateful day and its impact on our nation.

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Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision

IP Watchdog

On September 7, the U.S. Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. v. Haribo of America Inc. In affirming the district court’s grant of summary judgment, the Third Circuit found that PIM’s federally registered trademark to a wedge-shaped candy with green, white and red stripes should be canceled because the mark as a whole identifies the candy’s flavor.

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Barstool Sports Accused of Content Laundering

Plagiarism Today

Barstool Sports is again facing allegations of content laundering, this time with proof of at least 40 burner Twitter accounts. The post Barstool Sports Accused of Content Laundering appeared first on Plagiarism Today.

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Never give up – inclusive clothing for all

Dragons' Den

When we first met entrepreneur Ben Pearson, he was keen to tell us how registering the intellectual property (IP) in his plus-size clothing company, Big Clothing 4 U, helped him protect and grow his business. In 2020, Ben launched his own trade marked brand called ‘Uptheir Clothing’. Self-starter Ben, managed to bag a perfect fit when he appeared on the Dragons’ Den show in Series 20 Episode 2, with Touker Suleyman offering 150k for 35% of his business.

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LaLiga “Talks to Google” About Deleting Piracy Apps From a Million Phones

TorrentFreak

An event organized by Spanish football league LaLiga took place at the Museum of Arts and Sciences of Valencia yesterday. LaLiga were joined at “Fight Against Piracy in Sporting Events” by Víctor Francos Díaz , Spain’s recently appointed Secretary of State for Sports and president of the Higher Sports Council (CSD), and MEP Iban García del Blanco.

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The Intersection of Artificial Intelligence and Copyright

Velocity of Content

Copyrighted material is fuel for AI systems. Voluntary collective licensing is an effective solution enabling the use of copyrighted material as society realizes the benefits promised by AI systems. I invite our Velocity of Content blog readers to check out CCC’s “ Intersection of AI & Copyright ” page. It features a memo by IP and AI law expert Professor Daniel Gervais of the Vanderbilt Intellectual Property Program, where he addresses key copyright questions posed by AI technologies.

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Why The Government’s Bill C-18 Draft Regulations Do Little to Ensure More Spending on Journalists or News Content

Michael Geist

The government released its draft Bill C-18 regulations on Friday ahead of the Labour Day weekend, but ironically those regulations do very little to ensure that new funding will be allocated toward employing journalists. While the regulations establish what amounts to a minimum 4% link tax on Google and Meta if they link to news content, they set no minimum requirements to spend the resulting revenues on journalists or news content.

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U.S. Chamber Announces Framework Aimed at Reshaping National IP Narrative

IP Watchdog

On September 13, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) announced that it had joined with 30 other signatories to publish a framework of intellectual property principles designed to maintain America’s global lead in innovation. Supported by a coalition of well-recognized individuals and trade organizations long supporting greater certainty in patent rights, the framework of IP principles is intended to serve as a guidebook for policymakers who want to address genui

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3 Count: Suing Genesis

Plagiarism Today

Publishers sue LibGen, Danish BitTorrent user gets a suspended prison sentence and charity soccer match restored on YouTube. The post 3 Count: Suing Genesis appeared first on Plagiarism Today.

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European Parliament approves Regulation for Non-Agri Geographical Indications

The IPKat

Yesterday, the European Parliament adopted the Regulation on geographical indication (GI) protection for craft and industrial products, also known as non-agri GIs. This will create a new, EU-wide system of sui generis GI protection for products such as ceramics or knives. The adopted text is available here. Up until now, only wine, spirit drinks and agricultural products could benefit from EU-wide GI protection.

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Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns

JD Supra Law

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective purposes. As nonprofit executives, you may be wondering how AI intersects with intellectual property and data privacy law, and how it could affect your organization.

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The Evolving Role of Data in the AI Era

Velocity of Content

The following piece was re-published with permission by David Worlock. CCC – FAIR Foundation Forum “The evolving role of DATA in the AI era” 18 September 2023 Leiden “If we regulate AI and get it wrong, then the future of AI belongs to the Chinese“. When you hear a really challenging statement within five minutes of getting through the door, then you know that, in terms of conferences and seminars, you are in the right place at the right time.

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A 4% Link Tax: Why the Government’s Draft Bill C-18 Regulations Just Increased the Chances of No News on Meta and Google in Canada

Michael Geist

The government is releasing its draft regulations for Bill C-18 today and the chances that both Google and Meta will stop linking to news in Canada just increased significantly. In fact, with the government setting an astonishing floor of 4% of revenues for linking to news, the global implications could run into the billions for Google alone. No country in the world has come close to setting this standard and the question the Internet companies will face is whether they are comfortable with the

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More Authors Sue OpenAI for Copyright Infringement

IP Watchdog

A Pulitzer Prize-winning author and a number of Tony, Grammy and Peabody award winners are the latest to sue OpenAI for copyright infringement based on the way it trains its popular chatbot, ChatGPT. In July, comedian Sarah Silverman and authors Christopher Golden and Richard Kadrey brought a similar suit against OpenAI.

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3 Count: ResearchGate Settlement

Plagiarism Today

ResearchGate settles lawsuit with publishers, settlement demand letters come to Canada and PayDay 3 drops Denuvo DRM. The post 3 Count: ResearchGate Settlement appeared first on Plagiarism Today.

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Checklist of Issues on Generative IP

Kluwer Copyright Blog

Image by Gerd Altmann from Pixabay The intersection of Artificial intelligence and Intellectual Property is complex. It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). The situation has increased in complexity now that not only the input but also the output of Large Language Models (or LLMs) has allowed AI machines to produce potentially p

IP 124
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Award-Winning AI Art Not Copyrightable

The IP Law Blog

Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful.

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Uptobox Goes Dark Following Police Raids on Two French Datacenters

TorrentFreak

It’s no secret that French file-hosting platform Uptobox has been in the crosshairs of rightsholders for some time. Founded in 2011, Uptobox gained popularity by making it easy for users to upload, store, and share files with others. In April 2023 alone, Uptobox received 34 million visits, roughly a third of those from France. News that Uptobox domains had been blocked by French ISPs emerged in May, but the service remained unfazed.

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Countering Copyright Misinformation: Canadian Libraries Speak Out Against Ongoing Campaign to Undermine User Rights

Michael Geist

Last month, the Canadian Federation of Library Associations released a much-needed statement that sought to counter the ongoing misinformation campaign from copyright lobby groups regarding the state of Canadian copyright and the extensive licensing by libraries and educational institutions. I had no involvement whatsoever with the statement, but was happy to tweet it out and was grateful for the effort to set the record straight on what has been a relentless misinformation campaign that ignores

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How the American IDEA Act Will Help Small Business

IP Watchdog

Intellectual property (IP) theft has severe consequences for U.S. business, and many companies—particularly small businesses—can feel overwhelmed at the seemingly insurmountable task of stopping IP theft that occurs overseas. Introduced by Senators Tammy Baldwin (D-WI) and John Cornyn (R-TX) earlier this summer, the American IP Defense and Enforcement Advancement Act, or the “American IDEA Act,” promises to protect U.S. businesses against international IP theft.

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3 Count: Cracked and Broken

Plagiarism Today

Judge dismisses WAP lawsuit, Japanese gamer jailed over let's play videos and Rockstar cracked their own games, creating problems for buyers. The post 3 Count: Cracked and Broken appeared first on Plagiarism Today.