August, 2023

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Amazon and the Problem of Reverse Plagiarism

Plagiarism Today

Author Jane Friedman faced an unusual problem: Reverse plagiarism. However, it's becoming much more common and the industry is not ready. The post Amazon and the Problem of Reverse Plagiarism appeared first on Plagiarism Today.

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What Does It Mean to be Human: Copyright Office Confirms That AI-Generated Works Are Not Works of Human Authorship

JD Supra Law

The U.S. District Court for the District of Columbia recently found that human prompting of AI-generated works does not satisfy the “authorship” requirement for copyright protection. Under the Copyright Act of 1976, copyright protection attaches “immediately” upon the creation of “original works of authorship fixed in any tangible medium of expression,” provided those works meet certain requirements.

Copyright 120
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Google Removes ‘Pirate’ URLs from Users’ Privately Saved Links

TorrentFreak

For many people, Google is the go-to starting point when they need to find something on the web. With just a few keystrokes, the search engine can find virtually anything. The company also has many other tools to browse and organize the web, including the Chrome browser and YouTube. All these products and services fall under the umbrella of the company Alphabet.

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Google Blocked My News Search—So I Used Bing and Got the Information I Needed, Instantly!

Hugh Stephens Blog

Like many people, my daughter is interested in acquiring a hybrid vehicle, to save on gas and to help save the planet. Among the models she has been looking at is the Toyota Prius, so when I saw a review of the 2023 Prius in the Driving section of my local paper, the Victoria Times-Colonist, … Continue reading "Google Blocked My News Search—So I Used Bing and Got the Information I Needed, Instantly!

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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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U.S. Copyright Office Issues Notice of Inquiry on Wide Range of Copyright Issues in Generative AI Systems

IP Watchdog

On August 30, the U.S. Copyright Office issued a notice of inquiry in the Federal Register seeking public comment on a range of issues related to the intersection of copyright law and artificial intelligence (AI). The recent notice is the latest action by the Office on the myriad of copyright issues that have been arising around the use of generative AI platforms including infringement liability for training AI systems on copyrighted content and human authorship requirements.

Copyright 126
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Movie Copyright Cases Filmmakers Should Know: Part 3, Copyright Authorship

Copyright Alliance

This is the third and final edition of our blog on insightful movie copyright cases for film and TV industry professionals. Part 1 of the blog addressed copyright infringement and […] The post Movie Copyright Cases Filmmakers Should Know: Part 3, Copyright Authorship appeared first on Copyright Alliance.

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More Trending

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Energy & Sustainability IP Updates - August 2023

JD Supra Law

In litigation news. For the third consecutive month, Tesla finds itself involved in a new patent infringement lawsuit, this latest time as a defendant in an action filed by Graphite Charging Company LLC on August 4, 2023 in the Western District of Texas.

IP 127
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Premier League Declares War on IPTV Piracy From Behind a Paywall

TorrentFreak

The recent release of The Pirates vs The Premier League podcast series was a great opportunity to hear fresh voices and opinions on the Premier League’s piracy problems. The Premier League has had piracy issues since its inception, although fundamentally no different to those endured by its broadcasting partners years before the Premier League even existed.

Business 119
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Online Safety and Free Expression—What Happens When “State Actors” Abuse the Digital Commons?

Hugh Stephens Blog

The platform for exchange of ideas and expression provided by the internet is, as I think everyone today now knows, a two-edged sword. It can empower thinkers and promote freedom, but it can also provide a platform for anonymous spewers of hatred and misinformation in all its forms. The question of who is responsible for … Continue reading "Online Safety and Free Expression—What Happens When “State Actors” Abuse the Digital Commons?

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PTO Allows Another Bite at the Apple

The IP Law Blog

On July 24, 2023, the United States Patent and Trademark Office changed its procedures for the PTO Director’s review of certain decisions by the Patent Trial and Appeal Board. The decisions in question are those decisions of the Patent Trial and Appeal Board to deny or grant petitions to institute proceedings under the America Invents Act. Those proceedings include inter partes review and post grant review.

Invention 113
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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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Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Technology & Marketing Law Blog

A Twitter user sued over his account suspension. The court dismissed the case without prejudice. Blog post coverage of that ruling here. The user tried again. Same result. Section 230. Twitter qualifies for the standard three-element test for 230: Twitter is an ICS provider. “Plaintiff seeks to hold Twitter liable for decisions regarding “information provided by another information content provider”—that is, information he and the third-party user, rather than Twitter, provided.” 

Contracts 115
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US Copyright Office Seeks Comment on AI

Plagiarism Today

The US Copyright Office has announced a new public comment period on the subject of AI and copyright. Here's how to participate. The post US Copyright Office Seeks Comment on AI appeared first on Plagiarism Today.

Copyright 298
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District Court Rules that AI-Generated Works Cannot Be Copyrighted

JD Supra Law

The D.C. district court recently affirmed the U.S. Copyright Office’s position that a work generated entirely by artificial intelligence (AI) technology is not eligible for copyright protection. The case is Stephen Thaler v. Shira Perlmutter and The United States Copyright Office (1:22-cv-01564) (June 2, 2022).

Copyright 122
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Ed Sheeran US music copyright infringement case, it's not over yet

The IPKat

Three US cases were brought claiming that the song Thinking Out Loud performed by Ed Sheeran, copied Let’s Get It On performed by Marvin Gaye. These cases have been on-going for approximately 35 cat-years or five human years. A summary judgment was previously denied - covered here. As such, the case proceeded to trial in April 2023 in a US Federal Court in Manhattan.

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OpenAI Asks Court to Dismiss Authors’ Copyright Infringement Claims

TorrentFreak

Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. There are potential downsides as well. From a copyright perspective, AI brings up some interesting questions. For example, can content created by an AI be copyrighted? And can an AI be trained on copyrighted works without limitation? Authors Sue OpenAI According to several authors, large language model training sets shouldn’t be permitted to use every piece of text they come across onl

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Smells like Luxury, Does it Cost a Trademark Battle?

SpicyIP

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. If you have come across such ads and have wondered whether such use of a mark infringes the mark of the luxury brand, then you are not alone. We are pleased to bring you a guest post by our former SpicyIP Intern Ishant Jain, who shares his opinion on this question.

Trademark 107
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This is the last SLANTS song I’ll ever sing for you

Likelihood of Confusion

For now. It was exciting last Friday, arguing the appeal of the THE SLANTS*, at the Court of Appeals for the Federal Circuit! A little too exciting, so much so. The post This is the last SLANTS song I’ll ever sing for you appeared first on LIKELIHOOD OF CONFUSION™.

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3 Count: Don’t Be Shy

Plagiarism Today

Karol G faces lawsuit over Don't Be Shy, UK MPs push back on AI proposal and Google removes infringing links from private saves. The post 3 Count: Don’t Be Shy appeared first on Plagiarism Today.

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AI-Generated Works Cannot Be Copyrighted Because They Lack Human Authorship

JD Supra Law

One of the hot-button issues that generative artificial intelligence (AI) has raised is whether works created by AI engines are copyrightable. In one of the first decisions on this issue, the D.C. District Court recently found that works created solely by AI engines are not eligible for copyright protection.

Copyright 113
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How to start a side business

Legal Zoom

If you've dreamed of starting side business for extra income or to pursue a passion, be sure you're prepared with the right business setup, the right tools, and the right attitude.

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Govts. Must ‘Encourage or Compel’ Internet Companies to Fight Piracy

TorrentFreak

To address counterfeiting and piracy, the United States Patent and Trademark Office (USPTO) invited submissions from the private sector detailing effective anti-piracy strategies and those envisioned for the future. In advance of a roundtable scheduled for October 3, submissions from rightsholders and their representatives have called for pirate site blocking in the United States and amendments to the DMCA that would allow for instant blocking of pirate streams.

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TTAB Says Character In Video Game Fails To Function As TM

IP Law 360

Federal trademark officials have backed a decision denying a video game developer's bid to register a mark on an image associated with a computer game, saying identifying just a character isn't protected.

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Guest Post: Diversity Pledge: Boosting Innovation and Competitiveness

Patently-O

By: Suzanne Harrison , Chair of the Patent Public Advisory Committee (PPAC) at the USPTO. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here. In July 2021, the USIPA hosted a DEI in innovation conference and launched The Diversity Pledge, alongside 30 founding Pledgee companies who agreed to increase the

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CCB Awards Photographer $3K in Default Decision

Plagiarism Today

The Copyright Claims Board has issued another decision, this time awarding $3K to a photographer in a default judgment. The post CCB Awards Photographer $3K in Default Decision appeared first on Plagiarism Today.

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Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases

Copyright Alliance

Moviegoers may be familiar with the cinematic musings of actress Nicole Kidman: “We come to this place for magic. That indescribable feeling we get when the lights […] The post Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases appeared first on Copyright Alliance.

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The New York bar exam — “The Endless Summer”

Likelihood of Confusion

In 1989, when I was still a contributing editor to the ABA’s Student Lawyer magazine, I wrote an article describing, in somewhat purple hues, the experience of preparing for the. The post The New York bar exam — “The Endless Summer” appeared first on LIKELIHOOD OF CONFUSION™.

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U.S. Outbound Investment Restrictions and Notification Requirements Mandated by Executive Order: Currently Limited to Certain Investments in China Tech

IP Tech Blog

U.S. businesses and investors may be subject to new compliance requirements for outbound investments in certain technology sectors pursuant to U.S. President Joe Biden’s Executive Order (“EO”), titled “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concerns,” and the corresponding the Advance Notice of Proposed Rulemaking (“ANPRM”) issued by the Treasury Department.

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This Week in Washington IP: Improving Invention Education, Intellectual Property Rights During Public Health Emergencies, and the State of the Chinese Economy

IP Watchdog

This week in Washington IP news, as a new school year begins, the United States Patent and Trademark Office (USPTO) looks at the latest research on invention education. Congress is still on vacation, yet hot topic issues are still being discussed elsewhere, including the Center for Strategic and International Studies (CSIS) looking at the state of the Chinese economy, and the American Enterprise Institute discussing what the U.S. federal government can do to patent rights during a public health

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Arts 3 and 4 of the CDSM Directive as regulatory interfaces: Shaping contractual practices in the Commercial Scientific Publishing and Stock Images sectors

Kluwer Copyright Blog

Image by Reto Scheiwiller via Pixabay Introduction The current international legal framework for text and data mining (TDM) is highly disharmonized, showing a variety of approaches that span from completely unregulated to partially and fully regulated. Furthermore, regulation is not uniform, and it addresses relevant stakeholders (creative and content industries, tech firms, users, research, and the public sector) in various ways.

Art 98
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How to Block ChatGPT (And Why to Do It)

Plagiarism Today

OpenAI, the makers of ChatGPT, announced their new web crawler. Here's how to block it from your site and why you may want to do it. The post How to Block ChatGPT (And Why to Do It) appeared first on Plagiarism Today.

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Guest Post: Why Do Women Face Challenges in the Patent Process?

Patently-O

By: Abhay Aneja , Assistant Professor of Law, University of California, Berkeley, Diversity Pilots Initiative Researcher, Gauri Subramani , Assistant Professor in the Department of Management, College of Business, Lehigh University and Diversity Pilots Initiative Researcher, and Oren Reshef , Assistant Professor of Strategy, Washington University in St.

Patent 98
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A Glimmer Of Hope For Simplified Patenting Of Medical Diagnostics In The United States

JD Supra Law

Should the recent bill entitled the Patent Eligibility Restoration Act of 2023 (PERA) become law, it would override the existing jurisprudence and redefine which inventions are eligible for patenting under 35 U.S.C. § 101. By way of the Patent Act of 1952, the United States Congress established four statutory categories defining limits on inventions eligible for patent protection that are still in use today: process, machine, manufacture, and composition of matter.

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Social Media Giants and Copyright: Instagram’s Ninth Circuit Win Sets Precedent Against Photographers

The IP Law Blog

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC , and affirmed the trial court’s ruling that Instagram, a social media platform, could not face liability for secondary infringement under the “Server Test” because plaintiffs could not prove infringement of their copyrighted

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APPLE JAZZ Mark Owner Says Apple Can’t Attempt to Reverse CAFC via TTAB

IP Watchdog

On August 18, the owner of the APPLE JAZZ trademark filed an opposition to Apple’s motion to amend its trademark application for the mark APPLE MUSIC with the Trademark Trial and Appeal Board (TTAB). In its motion, the tech giant asked the TTAB to allow the company to remove “live performance services, as well as related services,” from the application.

Music 98
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CCC & GO FAIR Convene Workshop to Improve AI Outcomes Using High-Quality FAIR Data

Velocity of Content

Since the introduction of FAIR principles in 2016, there has never been a question that their implementation would help drive innovation and accelerate the R&D lifecycle. The effort to implement FAIR principles has led many organizations to adopt a data-centric culture that values collaboration and encourages the sharing of data. Although many successes have been reported, and much progress made, after seven years, only a very small fraction of data is truly FAIR.