LexBlog IP

JANUARY 10, 2024

Computer Fraud Landscape: Understand the current state of computer fraud claims post-recent Supreme Court rulings including significant state computer fraud decisions. Practical Solutions: Agreements and Policies: Implement best practices for updating and fortifying agreements and policies to protect company assets and trade secrets.

IP 52

IP Business Law Intellectual Property 52

TorrentFreak

JULY 29, 2021

The “repeat infringer” issue remains a hot topic in US courts after rightsholders filed lawsuits against several ISPs. That claim is backed up by an affidavit from the operator of YTS , who signed settlements with several of the movie companies in the past. In addition to this mandatory three-strikes policy, WOW!

Copyright Infringement 143

Copyright Infringement Copyright Music Settlement 143

Kluwer Copyright Blog

DECEMBER 11, 2023

Training AI models = TDM While the compliance policy provision in Section 1(c) has received less attention, it is probably the more interesting and impactful of the two. A newly introduced article on “Obligations for providers of general-purpose AI models” includes two distinct requirements related to copyright.

Copyright 145

Copyright Copyright Law Publishing Public Domain 145

IPilogue

JULY 19, 2021

Justice McHaffie stated: “an author who publishes what is said to be a nonfiction historical account cannot later claim the account is actually fictional to avoid the principle that there is no copyright in facts ” [emphasis added]. They believe then that the books are copyright-protected material.

Copyright 112

Copyright Copying Law Publishing 112

LexBlog IP

APRIL 11, 2022

The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. But we are here today to talk about the most recent settlement s involving textiles labeled “made from bamboo.”

Settlement 52

Settlement Blogging Branding Brands 52

SpicyIP

FEBRUARY 27, 2024

More recently in 2020, Sankalp Jain discussed the copyright challenges in “Dreams,” a video game enabling user-generated content, arguing for the Indian copyright law’s limitations in addressing the the issues around the fan-made creations within the game. Then, Arundathi Venkataraman discussed the topic using the case of Garcia v.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Technology & Marketing Law Blog

MAY 17, 2022

As I read the opinion, if Roblox discovers a virtual user-made item violates its TOS, Roblox nukes the item…but apparently didn’t refund the buyers’ money, so buyers lost both their money and the item. The buyer also claims that Roblox deletes items to induce buyers to buy them again). ” Implications.

Contracts 123

Contracts Publishing Licensing Editing 123

IP and Legal Filings

APRIL 10, 2024

Through these platforms, individuals can access content that was previously inaccessible and engage in discussions on topics that were once considered sensitive or controversial. Defamation aims to shield one’s good name from groundless claims hurting one’s dignity, reputation or social esteem.

Social Media 77

Social Media Journalism Television Law 77

TorrentFreak

APRIL 5, 2022

The popular social media platform is used to discuss virtually every topic imaginable and pre-release music piracy is no exception. It also has a repeat infringer policy and permanently banned 2,813 users and 2,625 subreddits last year. When bad actors are found, they should be banned and prohibited from reappearing on the service.

Music 145

Music Social Media Licensing Publishing 145

Michael Geist

MAY 16, 2022

The government is relying on two claims here: fair compensation for the use of journalist content and a market-based approach with minimal government intervention. Instead, the bill triggers a system of mandatory compensation where news content is made available by Internet platforms, called digital news intermediaries (DNI) in the bill.

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Government Copyright Law Marketing Marketing 96

LexBlog IP

FEBRUARY 7, 2024

The same might be true of issues of jurisdiction and evidentiary considerations that arise in the context of AI-related claims. 6] UK Government Policy Paper, AI regulation: a pro-innovation approach (29 March 2023), [link]. [7] 6] UK Government Policy Paper, AI regulation: a pro-innovation approach (29 March 2023), [link]. [7]

Publishing 52

Publishing Government Litigation Inventor 52

LexBlog IP

SEPTEMBER 16, 2022

Back to the meeting – and we will start with the dark patterns discussion because we keep hearing about this topic. And finally, we had a third agenda item, which was another policy statement, because it apparently wouldn’t be a public Commission meeting without a policy statement.

Designs 52

Designs Design Reporting Business 52

LexBlog IP

APRIL 25, 2023

The USCO’s policy statement was released against the backdrop of the proliferation of generative AI tools which are able to create content based on user prompts. edits made to a photo in Adobe’s Photoshop).

Copyright 52

Copyright Registration Editing Technology 52

Velocity of Content

APRIL 30, 2024

We explored the webinar topics in more depth, and the following is our edited and abridged conversation. Shumaker: What’s the status of social media content or content made available without charge by policy think tanks, public interest groups, and the like? Dave Shumaker: It’s a pleasure to be speaking with you.

Licensing 52

Licensing Social Media Copyright Publishing 52

TorrentFreak

FEBRUARY 25, 2023

We certainly tried, but it only made things worse. After giving Android streaming apps the same treatment, recent claims in the media that ‘ illegal streaming detector cars ‘ have been deployed on the streets of Britain are depressing. They also highlight a continuing theme. .

Reporting 122

Reporting IP Plagiarism Copyright 122

SpicyIP

MARCH 4, 2024

This fellowship is awarded to a PhD candidate in an Indian University, whose doctoral studies are on IP and/or innovation policy, with a focus on public interest, transparency and accountability, or socially beneficial legal and policy levers. The defendant argued that no claim of infringement can be made since their “Mr.

Invention 59

Invention Trademark IP Patent 59

LexBlog IP

DECEMBER 12, 2023

Several lawsuits have even been launched by rightsholders and representative organizations against developers of GenAI tools, typically claiming that the process of training the AI models utilized by such tools and, in some cases, the output generated by such tools, infringe their IP rights.[1] courts include: Doe I v. Github, Inc. ,

IP 52

IP Database Right Intellectual Property Copyright 52

Biswajit Sarkar Copyright Blog

JULY 11, 2022

One of the most contentious topics in arbitration is the arbitrability of IP disputes. The question at hand was whether an arbitral tribunal may rule on a lawsuit for the enforcement of a mortgage by sale and whether the topic at hand was under the purview of an arbitration agreement.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) The claims require a “binding element” to bind T-cells to cancer cells. It is a forest-tree situation.

Patent Law 125

Patent Law Law Patent Invention 125

Technology & Marketing Law Blog

JULY 18, 2023

This tension between copyright policy and contract law is not new , but developments within and outside the law might put it center stage again. Google The last major decision applying section 301(a) to a breach of contract claim was delivered by the Second Circuit in 2022 in ML Genius v. ML Genius v.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

IP and Legal Filings

SEPTEMBER 12, 2022

A copyright’s primary topic is what it protects and the standards by which it is protected. The theory of the sweat of the brow, which holds that if the author made an effort to think of the work, it is unique, was developed in the case of University of London Press Ltd. Cinematographic Work. Sound Recordings. Modern Art.

Art 52

Art Copyright Artistic Work Public Domain 52

LexBlog IP

AUGUST 26, 2022

Keeping with the topic of interwoven advertising and nonadvertising content, CARU highlighted as the second topic of concern the use of influencers and endorser advertising in the metaverse. It makes good sense that the FTC does not jump in to act without fully assessing the landscape, lest it inadvertently deter innovation.

Advertising 52

Advertising Advertising Social Media Branding 52

Kluwer Copyright Blog

JANUARY 26, 2023

Nonetheless, policy discussions (both within the legislature and the executive) have started to address the issue, particularly in relation to innovation and the training of Artificial Intelligence (AI) systems. In Brazil, TDM came to be included in the Legislative Bill on AI as one specific topic. 10.534/2020.

Copyright 56

Copyright Intellectual Property IP Copyright Law 56

Kluwer Copyright Blog

MARCH 2, 2022

While the field is rich on exaggerated claims, there are certain domains that have seen a genuine revolution fueled by AI. This is however not guaranteed as it may be that the respective editorial policy imposes strict restrictions on creative freedom even during the discourse planning and the lexicalisaliton.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

LexBlog IP

MAY 2, 2023

As a result, many companies are developing corporate policies on employee use of AI. This Guidance covers some important topics. Key takeaway : If your employees are using AI to generate content that you would normally want to ensure is copyright protectable, you need to give them guidance and develop policies for such use cases.

Government 52

Government Business Copyright Licensing 52

Velocity of Content

SEPTEMBER 9, 2021

Unfortunately, sometimes bad things happen with one’s works under copyright, especially when they are available on a widely used public platform – for example, someone claims something that is not of their creation or infringes on a work through copying and distributing it. Also, the various claims and strikes mechanisms are interrelated.).

Copyright 113

Copyright Social Media Licensing Publishing 113

Technology & Marketing Law Blog

OCTOBER 5, 2021

Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” After Tanner complained, 9 hours later the State Police allowed Tanner to repost the comment, and the page administrator admitted that she made a mistake removing the comment.

Social Media 106

Social Media Government Designs Design 106

Kluwer Copyright Blog

APRIL 22, 2022

Readers interested in the topic, should also note another important study on copyright and AI conducted in parallel and just released by the team of Alain Strowel, Sari Depreeuw, Luc Desaunettes-Barbero et al., 1] (On the topic of AI outputs and derivative works, see here.). folk-rnn , Melomics ).

Music 67

Music Copyright Derivative Work Ownership 67

SpicyIP

JUNE 19, 2022

Class 2 (Part one and two ) made me see that even though “I” in IPR is a focal point, it has no actual legal load, but can sometimes just be another rhetorical ruse to romanticise ‘some’ to benefit ‘others’. Class 3 further made it explicit by helping me see the power of placing an anomalous term between ‘Intellectual.&

IP 119

IP Fair Use Invention Copyright 119

43(B)log

FEBRUARY 24, 2021

Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B. Substantiation of “regular” price claims is also a big issue. But can use qualifiers like “made in USA of domestic and foreign components.”

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JULY 14, 2022

Given how rarely TOS amendments use clickthroughs, this opinion could anticipate the widespread failure of TOS amendments if it’s the final word on the topic. The email also included multiple bullet points describing changes being made to the TOS, including: We’re adding an arbitration section to our updated Terms of Service.

Contracts 108

Contracts Blogging Business Law 108

IIPRD

NOVEMBER 1, 2023

One of the law’s most distinctive features is its protection of the authors’ moral rights, which ensures that creators of all kinds of art may lay claim to their work. Having a thorough understanding of these topics is crucial for avoiding problems. The IP legislation and the function of modern art are at odds with one another.

Intellectual Property 52

Intellectual Property Art Artwork Intellectual Property Law 52

Michael Geist

APRIL 6, 2022

” That is defined as: For the purposes of this Act, news content is made available if. (a) But Bill C-18 seeks to extend the requirements to license by requiring payments for links, despite the absence of any valid legal claim for the need to do so. b) any condition set out in regulations made by the Governor in Council.

Government 99

Government Business Journalism Marketing 99

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ).

Designs 70

Designs Design Patent IP 70

IP and Legal Filings

MARCH 14, 2022

Similar to the legislation in the United Kingdom, an attempt was made in 1994 through an amendment to the Indian Copyright Act to establish such a term and restrict the duration of such Moral Rights in India to exist only till the subsistence of the copyright itself.

Moral Rights 59

Moral Rights Copyright Contracts Law 59

Trading Secrets

DECEMBER 21, 2021

Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

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Confidentiality Law Contracts Business 69

43(B)log

MARCH 25, 2024

NIFLA says that abortion is a controversial topic, making disclosures about abortion controversial; but NetChoice said that “ disclosures of social media censorship decisions” were not controversial. The claimed harms were to plaintiffs’ free speech rights and to their finances. For similar reasons, the warnings were uncontroversial.

Advertising 64

Advertising Advertising Social Media Government 64