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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?
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”].
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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
Sci-Hub and Libgen have developed a reputation for breaking down digital walls as part of their quest to grant universal access to scientific papers, research, and knowledge. This mission objective receives considerable support from both academics and students. In stark contrast, major publishing companies own the rights to millions of papers being offered by Sci-Hub and Libgen for free, something that undermines their premium business model.
[stextbox id=”info”]Note: This was first posted on December 12, 2008. On review in 2016, it became apparent that a great many of the links were dead. Considering the choice between. The post Hannukah with the Blawgers – Blawg Review #191, 2008 (Archive post) appeared first on LIKELIHOOD OF CONFUSION™.
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.
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.
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.
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.
Copyright Management Services Ltd (CMS) was incorporated in the United Kingdom in October 2014. Its founding director was Patrick Achache, who later rose to fame as the boss of Germany-based BitTorrent tracking company, MaverickEye. Both companies operated as parts of Guardaley, the international lawsuit factory that to date has targeted scores of thousands of alleged BitTorrent pirates in the United States, UK, Sweden , Denmark , Norway, Finland and Brazil , among others.
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