Hugh Stephens Blog

OCTOBER 11, 2022

Well over half the world (more than 90 countries from Algeria to Venezuela, with all of the members of EU, Britain, Australia, Mexico and many African countries included) have an Artists’ Resale Right (ARR) in their copyright law, but not North America north of the Rio Grande—except for California. North of Mexico, the ARR does … Continue reading " Will the “Artists’ Resale Right” Come to Canada and the US?

Copyright Law 246

Copyright Law Copyright Law 246

Plagiarism Today

OCTOBER 12, 2022

Paul McCrory. According to Retraction Watch , former prominent concussion researcher Paul McCrory has drawn another 9 transactions as the British Journal of Sports Medicine and its publisher, BMJ, continues their investigation into his library of work. The nine retractions all involve opinion pieces that he authored for the journal while serving as editor-in-chief between 2001 and 2008.

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Plagiarism Journalism Publishing 278

Intellectual Property Law Blog

OCTOBER 4, 2022

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) conducted a live meeting for its Artificial Intelligence (AI) and Emerging Technologies (ET) Partnership Series. During this meeting, panelists from industry and the USPTO provided helpful tips on drafting and prosecuting patent applications that include AI components, including special tips for the biotech industry.

Technology 242

Technology Patent Application Trademark Patent 242

Erik K Pelton

OCTOBER 28, 2022

The following is an edited transcript of my video Trademark Protection for Bands and Musicians. I’ve been blessed over the years to be able to work with a lot of clients that are in the music industry – whether they’re performers, producers, music labels, music websites—all different aspects of the industry – to help protect their brands.

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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?

Technology

Michael Geist

OCTOBER 25, 2022

Canadian Heritage Minister Pablo Rodriguez appeared before the Standing Committee on Canadian Heritage on Friday for one hour and walked away with a serious credibility problem. Rodriguez has already been repeatedly contradicted on Bill C-11 , claiming that the bill doesn’t cover user content or algorithms. On both issues, the CRTC Chair (and virtually every expert) say otherwise.

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Social Media Government Copying Reporting 145

TorrentFreak

OCTOBER 21, 2022

The debut of HBO’s “ House of the Dragon ” in August didn’t disappoint. Since then it has averaged dozens of millions of views per episode. The show was also an instant success on pirate sites where, in true Game of Thrones spirit , it was leaked before the official premiere. In the weeks that followed “House of The Dragon” crushed “The Lord of the Rings: The Rings of Power” in the unofficial pirate download rankings.

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Copying Licensing Copyright 145

Plagiarism Today

OCTOBER 24, 2022

As many long-time readers likely know, most Halloweens I help operate a neighborhood haunted house and, as a result, I usually take some time away from the site in late October. However, for the past few years, the haunt has been closed. In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. This year, for the first time since 2018, we will be open, and we couldn’t be more excited.

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Copyright Public Domain Copying Copyright Notice 271

Intellectual Property Law Blog

OCTOBER 11, 2022

On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners continue to work in the Artificial Intelligence (AI) technology space. A summary of these reminders (and links to more information) are provided herein.

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Patent Application Patent Inventor Invention 186

Erik K Pelton

OCTOBER 14, 2022

The following is an edited transcript of my video State vs. Federal Trademark Registration. When we’re dealing with the world of trademarks, more than 99% of the time we’re dealing with federal trademark protection with the USPTO, which extends to all 50 states, as well as the District of Columbia and US territories. But there are instances where state trademark protection does come up.

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Registration Trademark Editing Business 147

Technology & Marketing Law Blog

OCTOBER 12, 2022

John Stossel has over a million Facebook followers. He posted two videos that triggered fact-checking responses from Facebook. The first video, “Government Fueled Fires,” downplayed the impact of climate change as the cause of California’s annual forest fire conflagrations. Facebook added a “missing context” legend that said “[i]ndependent fact-checkers say this information is missing context and could mislead people.

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Litigation Advertising Advertising Blogging 145

Advertiser: IPO

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.

Patent

TorrentFreak

OCTOBER 30, 2022

In recent years, legal video streaming services such as Netflix, HBO and Amazon have flourished. At the same time, millions of people are streaming from unauthorized sources as well, often paired with perfectly legal streaming platforms and devices. This mix of legal devices and illegal add-ons is a challenge for law enforcement. Platforms such as Kodi, Plex, and Roku are perfectly legal but can be configured to access pirated content as well.

Copyright Infringement 145

Copyright Infringement Copying Copyright Reporting 145

Michael Geist

OCTOBER 7, 2022

Over the past year, I have watched an unhealthy amount of House of Commons and Senate committee hearings. In fact, in recent months I may have watched more of the Standing Committee on Canadian Heritage than Netflix, given hearings on Bill C-11, C-18, and the Laith Marouf issue. Having watched many hours – and appeared multiple times before that committee and others – it is time to declare the system broken.

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Government Design Designs Business 145

Plagiarism Today

OCTOBER 4, 2022

Last week, a judge in the Ed Sheeran Thinking Out Loud case denied a motion for summary judgment , setting the case on the path toward an eventual trial. The case pits Sheeran against Structured Asset Sales, a company that owns a one-third stake in the copyrights of Ed Townsend. Townsend, along with Marvin Gaye, co-wrote the song Let’s Get it On , which the plaintiffs argue was infringed by Sheeran’s hit.

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Copyright Music Litigation Plagiarism 261

McKinsey Operations

OCTOBER 21, 2022

With technological change accelerating, companies need to make four fundamental shifts.

Business 145

Business Technology 145

Erik K Pelton

OCTOBER 11, 2022

Nontraditional trademarks include sounds, scents, motions, lighting, colors, and more. Color marks are relatively rare and must meet additional requirements. In this episode, we cover the basics about color marks and T-Mobile’s trademark registration for magenta. The post Color trademarks case study: T-Mobile magenta appeared first on Erik M Pelton & Associates, PLLC.

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Trademark Registration 147

Technology & Marketing Law Blog

OCTOBER 18, 2022

This opinion came out in June, but I just learned about it. In this opinion, a federal judge incorporated a meme into the opinion’s narrative to emphasize a rhetorical point (pun intended): [Later, the court adds: “one final point, this isn’t Who’s on First , Defendants must move past pointing fingers at each other like the spidermen pictured above.”].

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Blogging Marketing Marketing Technology 144

TorrentFreak

OCTOBER 31, 2022

While movie and music piracy tends to generate the most headlines, the publishing industry is facing similar issues. Pretty much every book ever written is available online for free, including through so-called ‘shadow libraries’ Z-Library is one of the largest shadow libraries on the Internet. Through a variety of domain names, the site offers over 11 million books and 84 million articles.

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Social Media Publishing Intellectual Property Marketing 145

The IPKat

OCTOBER 14, 2022

The Chartered Institute of Patent Attorneys (CIPA) is reporting that the EPO Administrative Council (AC) has decided to abolish the 10 day rule. Old style delivery The EPO "10 day rule" is currently provided by Rule 126(2) EPC. The Rule stipulates that notification from the EPO is considered to occur 10 days after the date on which the notification was sent.

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Reporting Patent 140

Plagiarism Today

OCTOBER 20, 2022

The boundaries of plagiarism vary wildly depending on the type of, the field that it is in, and the expectations of the audience. For example, a fiction author isn’t held to the same standards as an academic scholar, who isn’t held to the same standards as a songwriter. The rules of plagiarism change based on the norms of the space the work is in. One of the more complicated areas to look at has always been the legal field.

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Plagiarism Copying Publishing Law 250

McKinsey Operations

OCTOBER 20, 2022

Current economic and political turbulence could presage the start of a new era that is structurally very different with a new narrative of progress.

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Erik K Pelton

OCTOBER 7, 2022

The following is an edited transcript of my video #1 Tip When Applying For Trademark Registration. Of all of the tips that I’ve given over the years, there’s one that is far and away the most important tip when applying for trademark registration: the number one thing you can do to help your trademark application is work with an experienced attorney.

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Trademark Registration Editing 147

Technology & Marketing Law Blog

OCTOBER 6, 2022

by guest blogger Aaron Perzanowski , University of Michigan Law School. Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

TorrentFreak

OCTOBER 17, 2022

Artificial Intelligence (AI) is a buzzword that’s frequently used by startups and established businesses in the tech industry. In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well. From a copyright perspective, AI can bring up some interesting questions.

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Music Copyright Derivative Work Copying 145

The IPKat

OCTOBER 10, 2022

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator. The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownershi

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Inventor Invention Patent Ownership 140

Plagiarism Today

OCTOBER 19, 2022

Earlier this week, developer and professor of Computer Science at Texas A&M Tim Davis took to Twitter to highlight how GhitHub’s artificial intelligence coding tool Copilot, was producing code very similar to his own, showing a side-by-side comparison of the two snippets. @github copilot, with "public code" blocked, emits large chunks of my copyrighted code, with no attribution, no LGPL license.

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Licensing Copying Fair Use Litigation 235

McKinsey Operations

OCTOBER 12, 2022

Nuclear fusion has long been considered a near-impossible clean-energy solution. But technological advances—and the need for a flexible zero-carbon power grid—have made fusion worth considering.

Technology 143

Technology 143

Erik K Pelton

OCTOBER 5, 2022

An appeal to the Trademark Trial and Appeal Board (TTAB) can be an important tool when appropriate and when there is a strong reason to believe that perhaps the examiner’s decision can be overturned. In this episode we cover some basics about ex parte appeals, including the costs and timeline. The post Anatomy of An Appeal to the TTAB appeared first on Erik M Pelton & Associates, PLLC.

Trademark 147

Trademark 147

Technology & Marketing Law Blog

OCTOBER 11, 2022

This case involves the Polish tractor manufacturer Kirovets’ K-700 tractor: Saber makes the videogame MudRunner. It exclusively licensed the right to depict the K-700 in its videogames, including the right to enforce the exclusive license in court. Oovee make the videogame Spintires. The court says: “Users interact with the virtual world by selecting a vehicle (which is like a character) and by navigating the virtual environment.” Spintires added a depiction of the K-700 as a p

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Licensing Marketing Marketing Design 140

TorrentFreak

OCTOBER 13, 2022

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. Where other groups often take pride in announcing million-dollar damages and prison sentences against pirates, BREIN is rather pragmatic. This approach is illustrated by a warning campaign launched at the end of 2020. Unlike other copyright enforcement groups, BREIN is not interested in casual pirates.

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Licensing IP Privacy Copyright Infringement 145

The IPKat

OCTOBER 25, 2022

In early October, the Spanish government published the criteria for selection of the seat for the Spanish Agency for the Supervision of Artificial Intelligence (AESIA). Spain will thus become the first country in the European Union (EU) to set up a supervisory agency for artificial intelligence (AI). As its name implies, AESIA will supervise the creation, use and commercialisation of AI systems, especially those that might pose a threat to public safety or affect fundamental rights (such as the

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Intellectual Property Government Privacy Invention 137

Plagiarism Today

OCTOBER 13, 2022

Talking about plagiarism, attribution and citation with students is a serious challenge. . These are inherently nuanced issues and, often times, the best questions don’t have clear or bright line answers. Couple that with the high stakes when it comes to grades and disciplinary action, students are understandably confused, frustrated and scared. However, that is part of why it is so important for teachers to talk about plagiarism.

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Plagiarism Editing 221

McKinsey Operations

OCTOBER 18, 2022

As the auto market embraces electric vehicles, battery demand is soaring. Bold moves in gigafactory construction, supply chain strategy, and talent acquisition can help industry players get ahead.

Marketing 142

Marketing Marketing 142

Erik K Pelton

OCTOBER 1, 2022

The following is an edited transcript of my video Proper Copyright Notice. While this podcast is predominantly about trademark issues, I do from time to time like to talk about other intellectual property issues, especially copyright issues. Today, I want to share what a proper copyright notice looks like, because I do get asked this quite frequently.

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Copyright Notice Copyright All Rights Reserved Intellectual Property 147

Technology & Marketing Law Blog

OCTOBER 8, 2022

by guest blogger Kieran McCarthy. Most online terms-of-use agreements claim to give their drafters broad discretion to modify the terms at the host’s discretion. Some terms-of-use agreements purport to allow host websites to modify the terms by sending an email (inevitably, to your spam folder) to notify you of the changes. Others require users to constantly refresh their browsers to know when updates occur.

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Marketing Marketing Contracts Business 137

TorrentFreak

OCTOBER 12, 2022

Over the years, copyright holders have tried a multitude of measures to curb online piracy, with varying levels of success. Site blocking has emerged as one of the preferred solutions. While blocking measures are not bulletproof, the general idea is that they pose a large enough hurdle for casual pirates to choose legal options instead. The blocking approach was very controversial at the start of the last decade but it’s increasingly being normalized.

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