December, 2022

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The Year in Copyright: 2022 Gives Creators Hope for the Future

IP Watchdog

The Constitution empowers Congress to enact federal copyright laws because the Founders recognized that the best way to advance the public interest is by enabling creators to pursue their own private interests. The copyright system secures uniform property rights to creators across the nation as a reward for their productive labors and as incentive for them to profit in the marketplace.

Copyright 141
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5 Ways Copyright Has Shaped the Holidays

Plagiarism Today

The holiday season is upon us, and it’s safe to say that festivities are kicking into high gear. However, as you enjoy your favorite seasonal traditions, it’s important to remember that, just like most things in our lives, copyright has had a role in shaping it. Whether it’s a movie becoming a holiday classic due to it being (briefly) in the public domain, holiday songs still very much under copyright, multiple legal questions around a children’s classic or some long-running myths that have chan

Copyright 281
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Looking Back on 2022 and Forward to 2023: What was and will be important to Copyright, Creators and Content Industries?

Hugh Stephens Blog

As year-end approaches, I like to look back at the main themes that emerged over the past 12 months affecting copyright, creators and the content industries, drawing from my blog posts throughout the year. Some of the same issues I highlighted last year, such as payment to news content providers by online news aggregators (Google) … Continue reading "Looking Back on 2022 and Forward to 2023: What was and will be important to Copyright, Creators and Content Industries?

Copyright 246
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Recent USPTO comments highlight the extent and breadth of trademark scams

Erik K Pelton

The USPTO recently submitted comments to the FTC regarding its proposed rulemaking, Rule on Impersonation of Government and Businesses. The USPTO comments, submitted on December 2, 2022, highlight the wide range of scams that are impacting the trademark system today, and their tremendous impact on all types of trademark operations. Some quotes from the USPTO comments: Specifically, scams involving the impersonation of the USPTO are prevalent, and, as a result, intellectual property owners have s

Trademark 326
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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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‘House of the Dragon’ Is The Most Pirated TV-Show of 2022

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV episodes among torrenting pirates. For several years in a row the list was headed by Game of Thrones but that reign came to an end in 2019 after the series ended. This changing of the guard made room for two Disney+ exclusives to step in. In 2020, ‘The Mandalorian’ was the most pirated show, followed by ‘Wandavision’ in 2021.

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Can someone’s face be a trade mark?

The IPKat

The trade mark that Maartje Verhoef sought to register In a world in which the legal tools available to protect one’s own likeness and persona vary significantly – with some countries, e.g., providing for strong image rights protection [see the case of Italy here , here and here ] and others not even acknowledging the very existence of self-standing image rights [that is the case of the UK: here ] – the question posed in the title of this post is an intriguing one.

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More Trending

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Why Teachers Are Worried About AI

Plagiarism Today

For academics concerned about the impact of artificial intelligence (AI) on academic integrity, it has been a very busy week. The reason is that OpenAI, the creators of the GPT line of AI products, opened the doors to their latest iteration, ChatGPT. The new version marks a significant advancement over their GPT3 AI, which was already known for being both extremely capable and easy to use.

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The “I Value Canadian Stories” Campaign: Time to Get Serious About Copyright Reform

Hugh Stephens Blog

At the end of November, on November 29 to be precise, the “I Value Canadian Stories” coalition launched a “Day of Action”.

Copyright 246
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Why Restaurants Need Trademark Registration

Erik K Pelton

The following is an edited transcript of my video Why Restaurants Need Trademark Protection. I love restaurants for many reasons. I love a great meal, I love supporting small local businesses, and I have a connection to the restaurant industry: my wife and my brother-in-law own two restaurants. I’ve seen firsthand the power of protecting a restaurant brand.

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Where Are the Pirated Movie Screeners This Year?

TorrentFreak

Screeners are advance copies of recent movies that are generally sent out to critics and awards voters for review. These copies have regularly ended up in the hands of pirates after which they’re widely circulated online. That includes screeners of potential Academy Award nominees, which usually appear around December. In recent history, hundreds of these screeners have leaked early.

Copying 145
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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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AI Year in Review: A Busy 2022 for AI and IP Promises Even More in 2023

IP Watchdog

In general, the adoption of artificial intelligence (AI) and machine learning technologies has the potential to impact society in many ways. These technologies can automate tasks and make them more efficient, which can lead to job displacement and other economic impacts. They can also be used to make decisions that affect people's lives, such as in the criminal justice system or in hiring, which raises ethical concerns.

Business 145
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The Bill C-18 Fallout: Liberal MP Lisa Hepfner Equates Linking to News Articles on Facebook to Theft

Michael Geist

Last month, Liberal MP Lisa Hepfner shocked Canadian online news outlets by stating that “ they’re not news.They’re not gathering news. They’re publishing opinion only.” The comments sparked instant criticism from news outlets across the country, leading Hepfner to issue a quick apology. In the aftermath of the comments, Hepfner said nothing for weeks at Heritage committee studying Bill C-18.

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Google Addresses Scraped and Spun Content

Plagiarism Today

In a recent Google SEO Office Hours video, Dan Nguyen, from Google’s search quality team, answered a pair of questions that directly addressed content that scraped and/or spun from other material. The first question, at 9:19 in the video, asks, “How should content creators respond to sites that use AI to plagiarize the content, modify it, and then outrank them in search results?”.

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It’s Official: Canada Extends its Term of Copyright Protection

Hugh Stephens Blog

The announcement itself was a bit of an anticlimax. It was something that had been in the pipeline for months but until the publication of the Order-in-Council dated November 17 (released on November 23), it was still hanging as a piece of unfinished business.

Copyright 246
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Update: Trademark Backlog at the USPTO

Erik K Pelton

The following is an edited transcript of my video Update on Trademark Backlog at the USPTO. Late in 2021, I provided some information about the backlog of trademark filings at the USPTO. As of May 2022, the backlogs are worse. I predicted that they would get worse before they get better, but hopefully we’re close to the peak worse backlog, and soon will see improvement.

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UK Govt: Netflix Password Sharing is Illegal & Potentially Criminal Fraud

TorrentFreak

Following a limited launch in 2007 with just 1,000 titles, Neflix now carries more than 6,600 movies and TV shows for the enjoyment of more than 223 million subscribers. There’s little doubt that Netflix password sharing contributed to the company’s growth and by publicly condoning it, the practice was completely normalized – globally.

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Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube

Technology & Marketing Law Blog

Adam Kovacevich has defined the “Prager Effect” as “suing Big Tech to make your MAGA censorship allegation, resulting in Courts significantly strengthening platforms’ legal rights to moderate.” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation.

Contracts 145
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How artificial intelligence works in relation to copyright

The IPKat

Kat friend Jakub Wyczik provides an enlightening discussion of how AI and the law, especially copyright, intersect, with particular attention to the technical operation of AI. Images generated using text-to-image technology, including DALL-E 2 , Midjourney , and Stable Diffussion , have become a main topic in AI. Not only do many express wonder about how these systems work, but there is even doubt whether such users even have rights to such outputs.

Copyright 145
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AI and the Danger of Good Enough

Plagiarism Today

In late 1999, if you were heading to a Y2K party and wanted high-quality photos of the event, you had two choices: You could either spend thousands of dollars on high-end camera equipment and learn how to use it (often in paid classes) or you could hire someone who had done all those things for you. Cell phone cameras were brand new (and terrible) and, though standalone digital cameras existed, they were of low quality and still very expense.

Art 218
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AI Generated Art: Another “Technical Breakthrough” Calling Out for Responsible Management and Regulatory Oversight

Hugh Stephens Blog

A quarter of a century ago, the internet was going to bring us wonderful things. The hubris of Silicon Valley was incarnated in the cyberlibertarian rantings of so-called internet guru John Perry Barlow and his “Declaration of the Independence of Cyberspace”.

Art 246
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Can an Emoji Be Registered as a Trademark?

Erik K Pelton

The following is an edited transcript of my video “Can an Emoji Also Be a Trademark?” Here at EMP&A, we recently had a lot of fun developing and launching our own emoji icon. Be sure to check out the video at erikpelton.tv to see the emoji: a smiley face with glasses featuring two ® symbols instead of eyes. We thought this was a playful, creative icon to use in videos, on social media, and elsewhere: such in the footer of our website , in some of our posts on Twitter, Instagram

Trademark 182
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Home Alone is the Most Pirated Classic Christmas Movie

TorrentFreak

As the holiday season approaches, many people choose Christmas movies to get into the festive spirit. Given that some are considered classics in their own right, it’s no surprise that December viewings have become a beloved tradition for many families. In most cases, Christmas movies are watched through legal channels. Behind the curtains of some homes, however, holiday entertainment arrives through TCP packets and The Pirate Bay, neatly wrapped in an MP4 container.

Reporting 145
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How the Government Is Using Bill C-18 to Pick Media Winners and Losers

Michael Geist

Canadian Heritage Minister Pablo Rodriguez’s claim that Bill C-18, the Online News Act, was a hands-off approach was never really credible , but the clause-by-clause review of the bill has taken the government picking media winners and losers to another level. It was always readily apparent that the bill represents an unprecedented government intervention into the Canadian media sector with the extensive power wielded by the CRTC as it sets regulations and the ground rules for the mandatory arbi

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[BREAKING] CJEU issues decision in Louboutin's online marketplace trade mark battle

The IPKat

The IPKat would love red, if he could see it For those who are doing last minute holiday shopping for loved ones , may Merpel suggest some deliciously crafted shoes? Possibly ones with a red sole? That red sole has been famous on film, red carpets and in IP circles for many years. It has become even more famous in IP circles thanks to today's Court of Justice of the European Union's decision (currently available in French only) in the joined Louboutin/Amazon cases (C-148/21 and C-184-21) followi

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3 Count: Radio Trio

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Trio Of Radio Groups Sued By GMR Challenge Copyright Infringement Claims. First off today, Inside Radio reports that a trio of radio organizations have hit back at a lawsuit filed by Global Music Rights, saying that the claims are an example of “shotgun pleading” and are bound by the statute of limitations.

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London Brands Seminar: NFTs and the Metaverse

JD Supra Law

On 16 November 2022, partners Joel Smith and Sahira Khwaja and other members of our London brands team, hosted a client seminar on the ‘Metaverse’, including a lively panel discussion with Nicola Wood, Chartered Trade Mark Attorney from Group Legal at Vodafone and Simon Baggs, President of Brand and Content Protection at Corsearch, together with Oliver Wilson, Counsel in our Commercial and Regulatory team at Hogan Lovells.

Brands 141
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New tool for brand protection: YouTube Handle

Erik K Pelton

Those brand with YouTube channels (if you don’t have one, what are you waiting for?!) can now add some additional brand protection by claiming their new YouTube ‘handle.’ In essence the handle is another way for others to tag your account in videos, it is akin to a username or handle on Instagram, Twitter, or TikTok. It is worth claiming the handle because: you then ensure no one else will claim it and possibly cause confusion. you make it easier for others to tag and collabora

Brands 147
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Company ‘Hijacks’ Blender’s CC BY-Licensed Film, YouTube Strikes User

TorrentFreak

The Blender Institute develops Blender, a free and open source 3D graphics tool used to create animated films. “Blender is Free Software. Free to Use. Free to Change. Free to Share. Free to Sell Your Work,” a statement from Blender reads. The team at Blender Studio drive Blender development by providing help and training courses to Blender users in an open environment, sharing everything in public and making all content available under free licenses.

Licensing 145
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The future is now: Unlocking the promise of AI in industrials

McKinsey Operations

Five proven use cases show how artificial intelligence is creating value for advanced industrial companies.

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Senate Judiciary Set to Consider Pride in Patent Ownership Bill Amid Opposition

IP Watchdog

As the Senate Judiciary Committee gears up for an Executive Business Meeting Thursday where members will in part consider S.2774, the Pride in Patent Ownership Act, co-sponsored by Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), a number of patent advocacy organizations have sent a joint letter to the committee asking it to oppose the bill. The Pride in Patent Ownership Act (PPOA) is seemingly intended to ensure that the public has access to information about the true owner of a patent.

Ownership 140
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3 Count: Not-So Freeplay

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Freeplay Sues CNN Over Music Used in News Reports. First off today, Chris Cooke at Complete Music Update reports that the music production company Freeplay music has filed a lawsuit against CNN, alleging that the news organization used their music in news segments without a license.

Music 195
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Africa IP Highlights #3: Patents, other IPRs and reforms in IP policy, legislation and administration

The IPKat

This post is the third and final instalment in the “Africa IP Highlights 2022" series of posts highlighting some of the key developments in IP in Africa in 2022. The first 2 posts covered copyright and trade marks. As previously stated, the Africa IP Highlights 2022 is the result of collaboration between myself and and Doreen Adoma Agyei and Clarisse Mideva.

IP 134
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The Value of a Great Logo

Erik K Pelton

The following is an edited transcript of my video The Value of a Great Logo. Great logos can be very powerful marketing tools for big businesses and the smallest of businesses as well. A great logo is memorable and can convey a message about the business, the brand, and the products or services to the customer in a way that the words can’t or that enhance what the words the brand itself would convey.

Brands 147
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Russian Cinemas Get Help to Bypass Sanctions to Screen “Avatar: The Way of Water”

TorrentFreak

With its invasion of Ukraine, Russia ignited a regional conflict with global repercussions. Thousands of lives have been lost and many more ruined. In response, many U.S. entertainment industry companies took a stand by ceasing their Russian operations. Since Russia is a relatively small source of revenue, the damage is mostly contained for the major Hollywood studios.

Cinema 145
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The future of banks: A $20 trillion breakup opportunity

McKinsey Operations

Banking is radically transforming. Many banks can thrive by fundamentally changing the way that financial services are embedded into daily life.

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