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3 Count: Not Very Private

Plagiarism Today

First off today, Michael Kan at PC Magazine reports that India is enacting a new policy that, if enforced, would require virtual private network (VPN) providers to collect, store and turn over user data. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

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Are Ads in Old Magazines Protected by Copyright?

Dear Rich IP Blog

magazine between 1918 and 1962. The magazine itself was copyrighted, but the ads do not contain any copyright markings, so my understanding is that the ads would have entered into the public domain. It's true that the 1976 Copyright Act expressly requires that advertisements in magazines have separate copyright notices.

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Does Failure to Submit Copies to Copyright Office Put an End to Copyright?

Dear Rich IP Blog

Postcard: Malo-les-Bains - Avenue Kleber, sent 30 April 1915 Dear Rich: We are a specialized online magazine for postcard collectors. From 1983 to 1989 a print magazine, Postcard Collector, published many articles which we would like to republish. Each issue of the print magazine had a copyright notice ("© Krause Publications, Inc.")

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Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

There is no general right of attribution under United States copyright law , which only recognizes a right of attribution for artists. As noted by William F. Patry, decisions on fair use remain unpredictable and, to an extent not always sufficiently acknowledged, fact-specific.

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How Lulu Lost Her Mark

Dear Rich IP Blog

Publicity photos published after 1924 were rarely renewed (a requirement for works published before 1964) and they often did not include a copyright notice (a requirement for works published before March 1989). Any published photos pre-dating 1925 are automatically public domain (although Brooks' career didn't begin until 1925).

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A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain. Hustler Magazine, Inc. Once a work was published, state law was divested, and one of two things happened.

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