January, 2024

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The Weaponization of Plagiarism 

Plagiarism Today

Plagiarism has long been a powerful weapon in politics, however, now the weaponization of plagiarism is expanding and targeting new people. The post The Weaponization of Plagiarism appeared first on Plagiarism Today.

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No AI FRAUD Act Would Create IP Rights to Prevent Voice and Likeness Misappropriation

IP Watchdog

Today, U.S. Representatives María Elvira Salazar (R-FL) and Madeleine Dean (D-PA) introduced the No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act of 2024 to create legal mechanisms by which Americans can prevent unauthorized uses of their likenesses and voices by generative AI platforms. The bill seeks to provide for intellectual property (IP) rights in an individual’s voice and likeness as well as remedies including statutory damages and disgorged profits

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Kat Von D Tattoo Infringement Trial Begins: What You Need To Know

Copyright Lately

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. Like the tattoo at issue in the case, the lawsuit is poised to leave a lasting impression, not only on copyright law, but the entire multi-billion-dollar tattoo industry.

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My Favorite Euphemisms for Plagiarism

Plagiarism Today

When retracting an article for plagiarism, many journals will bend over backwards to avoid saying the p-word. Here's some great examples. The post My Favorite Euphemisms for Plagiarism appeared first on Plagiarism Today.

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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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There is a Good Reason it’s not called “Artificial Creativity”

Hugh Stephens Blog

Image: Shutterstock There has been lots of ink spilled over the issue of Artificial Intelligence (AI) developers free riding on the backs of creators by copying and ingesting their content without permission to produce AI “created” content, output that sometimes competes directly in the market with the original work.

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The Importance of Reasonable Particularity in a Doctrine of Equivalents Argument

Intellectual Property Law Blog

In VLSI Technology LLC v. Intel Corporation , No. 22-1906 (Fed. Cir. 2023) , VLSI sued Intel for infringement of U.S. Patent Nos. 7,523,373 (the “’373 patent”) and U.S. Patent No. 7,725,759 (the “’759 patent”). After a jury trial in 2021, VLSI was awarded $1.5 billion for literal infringement of the ’373 patent and an additional $675 million for infringement of the ’759 patent under the doctrine of equivalents.

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Google Sees DMCA Takedown Requests Surge to New Highs

TorrentFreak

In 2012, Google expanded its transparency report with a new section dedicated to DMCA takedown requests. For the first time, outsiders were able to see which URLs were being targeted by copyright holders and in what quantity. The decision to make this information public was in part triggered by a rapid increase in removal requests. The increased activity impacted the “free flow of information”, the search engine argued.

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Dragons' Den IP Blog - Series 21 Episode 3

Dragons' Den

Episode 3 got off to a kicking start with entrepreneur and ex-football player Gary Neville joining the Den, the first ever Guest Dragon. While some entrepreneurs were top of the leaderboard, others just failed to make the cut. Seeds that heal Entrepreneur and mum, Giselle Boxer, entered the Den ready to take the Dragons on. Giselle asked for £50k and help with scaling-up her business Acu Seeds , in exchange for a 10% share in the business.

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Harvard President Claudine Gay Resigns

Plagiarism Today

Harvard President Claudine Gay has resigned her position following a month-long plagiarism scandal that could have easily been avoided. The post Harvard President Claudine Gay Resigns appeared first on Plagiarism Today.

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When Giants Wrestle, the Earth Moves (NYT v OpenAI/Microsoft)

Hugh Stephens Blog

Image:www.shutterstock.com There is no better way to start out the New Year, 2024, with a commentary on Artificial Intelligence (AI) and copyright. It was the big emerging issue in 2023 and is going to be even bigger in 2024.

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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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Identifying Protocols by Name May Disclose Sufficient Structure for Computer-Implemented Means-Plus-Function Limitations

Intellectual Property Law Blog

In Sisvel International S.A. v. Sierra Wireless, Inc. et al. , Nos. 22-1493, 22-1547 (Fed. Cir. 2023) , Sierra Wireless challenged claims 1-10 of Sisvel’s U.S. Patent No. 6,529,561 (“the ’561 patent”) in an inter partes review. The Patent Trial and Appeal Board’s final written decision found claims 1-3 and 9 unpatentable, but upheld the patentability of claims 4-8 and 10.

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Richard Prince “New Portraits” Show Was a Big Fair Use Error

The Illusion of More

Yesterday, New York federal judge Sidney Stein ruled that Richard Prince, one of the most famous appropriation artists in the world, infringed the copyright rights of photographers Donald Graham and Eric McNatt by using their works in the controversial “New Portraits” series. Prince and his co-defendant, gallery owner Lawrence Gagosian, are ordered to pay Graham […] The post Richard Prince “New Portraits” Show Was a Big Fair Use Error appeared first on The Illusion of More.

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Silenzio! ‘Anna’s Archive’ Shadow Library Blocked Following Publishers’ Complaint

TorrentFreak

Over the past decade, platforms including Sci-Hub, Libgen and Z-Library have broken through a sea of movie, TV show, music and similarly unlicensed platforms to take their own places on the piracy front lines. In 2022, a platform called Pirate Library Mirror appeared on the scene, courting controversy right from the start after obtaining a full copy of Z-Library before the site’s legal troubles began. “We deliberately violate the copyright law in most countries.

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Looking Ahead in the UK - Technology, Data Privacy, Cybersecurity and IP developments in 2024

JD Supra Law

Intellectual Property - Generative AI – ongoing impacts - Since 2022, the popularity and availability of generative AI has continued to grow. It is estimated that 79% of internet users aged 13-17, and 31% of those aged 16 and above, use generative AI tools and services.

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The Bizarre Case of the Serial Lit Mag Plagiarist

Plagiarism Today

Recently, pseudonymous author John Kucera has become the bane of literary magazine editors for his flagrant and ongoing plagiarism. The post The Bizarre Case of the Serial Lit Mag Plagiarist appeared first on Plagiarism Today.

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More Balanced Interpretation of US “Transformation” Fair Use Test gives Rightsholders Better Leverage to Protect their Works

Hugh Stephens Blog

Photo: Author A couple of recent cases in the US involving (mis)appropriation of copyrighted photographs indicate the tide may be changing with respect to the interpretation of what constitutes fair use, moving from a very liberal interpretation of “transformation” that has been used in recent years to justify unauthorized reproduction of copyrighted works by making … Continue reading "More Balanced Interpretation of US “Transformation” Fair Use Test gives Rightsholders Better Levera

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Federal Circuit Affirms Skinny Label Carve Outs

Intellectual Property Law Blog

In H. Lundbeck A/S, et al. v. Lupin Ltd., et al. , Nos. 2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents.

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“Fair Use” is Not a Great Business Plan

The Illusion of More

Lately, we’ve seen several headlines and comments from tech giants say that AI ventures simply cannot succeed if they are forced to contend with the copyrights in the billions of works they have scraped for the purpose of machine learning (ML). When these headlines are paired with the rampant assertions that ML is inherently fair […] The post “Fair Use” is Not a Great Business Plan appeared first on The Illusion of More.

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Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

TorrentFreak

Campbell v. Acuff-Rose Music, Inc. is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Liv

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Copyright Office Issues Final Rule on Several Aspects of Smaller Claim CCB Proceeding

IP Watchdog

On January 16, the U.S. Copyright Office published a final rule in the Federal Register amending agency regulations on small infringement claims filed at the Copyright Claims Board (CCB). Responding to comments from both the legal and copyright industries, the Copyright Office’s final rule addresses disputes to the form of CCB proceeding chosen by claimants, as well as the discretion of CCB officers in penalizing evidentiary violations.

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Harvard Releases Details of Claudine Gay Investigation

Plagiarism Today

Harvard has published details of its investigation of former president Claudine Gay. Here's what the school did and the one misstep it made. The post Harvard Releases Details of Claudine Gay Investigation appeared first on Plagiarism Today.

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25 Branding Tips

Erik K Pelton

Celebrating our 25th year with the “25” Series. Erik shares 25 Branding Tips in this video. The post 25 Branding Tips appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the “25” Series. Erik shares 25 Branding Tips in this video.

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The Intertwining Nature of Motivation to Combine and Reasonable Expectation of Success

Intellectual Property Law Blog

In Elekta Limited v. Zap Surgical Systems, Inc. , No. 21-1985 (Fed. Cir. Sept. 21, 2023) , the case addresses the interplay between findings related to motivation to combine and reasonable expectation of success in determining obviousness under 35 U.S.C. § 103. Background Elekta Limited (“Elekta”) is the owner of U.S. Patent No. 7,295,648 (the “’648 patent), which discloses “a device for treating a patient with ionizing radiation for certain types of radiosurgery and radiation therapy.

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We all Remember the Iconic Photo of the Last Spike, but Who was the Photographer?

Hugh Stephens Blog

Photo by author: Revelstoke Railway Museum A lot of discussion recently has revolved around AI technology and its impact on artistic, musical, and literary creators. This is an evolving and important issue. However, for this week’s blog, I am going to go back to an earlier technology, photography, and look at its connection to creativity … Continue reading "We all Remember the Iconic Photo of the Last Spike, but Who was the Photographer?

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All DMCA Notices Filed Against TorrentFreak in 2023 Were Bogus

TorrentFreak

Any content creator who sees their work being used by unauthorized third-parties can file DMCA notices against platforms communicating that content to the public. Platforms should respond by taking allegedly-infringing content down but in practice, some do and some don’t. Full-blown pirate sites may not respond to notices at all for obvious reasons but some entirely legitimate platforms also refuse to comply in appropriate circumstances.

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The Ibrunitib Saga: DHC Restrains Generic Competitors, but What about Public Interest?

SpicyIP

The Ibrutinib Patent Dispute Adding another chapter to the long-standing legal dispute concerning the Leukaemia medication Imbruvica (API Ibrutinib), the Delhi High Court on December 21, 2023, upheld the IPAB order setting aside the post-grant rejection of the Ibrutinib patent. The Court also restrained Natco Pharma, Hetero, BDR Pharma, Shilpa Medicare, Alkem, and Laurus Labs from manufacturing and marketing the generic versions of Imbruvica.

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Examining the Palworld Plagiarism Controversy

Plagiarism Today

Palworld is the breakout video game of early 2024. However, it's drawn controversy over allegations of plagiarism and AI generation. The post Examining the Palworld Plagiarism Controversy appeared first on Plagiarism Today.

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#1 Tip When Applying For Trademark Registration

Erik K Pelton

The following is an edited transcript of my video #1 Tip When Applying For Trademark Registration Of all of these tips that I’ve given—probably hundreds over the years—there’s one that is far and away the most important when applying for trademark registration. And it’s simple. Even though I give away so much advice about trademark applications, office actions, and the registration process, the number one tip is to work with a trademark attorney.

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Artificial Intelligence Law - Intellectual Property Protection for your voice?

JD Supra Law

With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of publicity refers to an individual's right to control and profit from their own name, image, likeness, or voice.

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U.S. Copyright Office Activities in 2023: A Year in Review

Copyright Alliance

In 2023, like the rest of us who toil in copyright and creativity, the U.S. Copyright Office was also laser focused on the impact of AI on copyright. Last week, […] The post U.S. Copyright Office Activities in 2023: A Year in Review appeared first on Copyright Alliance.

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Meta Admits Use of ‘Pirated’ Book Dataset to Train AI

TorrentFreak

In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and more recently the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component as well.

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Resolving GenAI copyright infringement questions: 4 court decisions

Barry Sookman

Introduction The question as to whether the generative AI (GenAI) systems and their use infringes copyright is a hotly debated one, with no fewer than 12 proposed class actions and 3 lawsuits in the United States and one in the United Kingdom already focused on resolving this question. The question is a central one for the creative community as well as for the GenAI platforms and, as the recent suit involving the New York Times against Open AI and Microsoft shows, it is permeated with significan

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US Copyright Office Proposes New Collective Registration for News Sites

Plagiarism Today

The United States Copyright Office has proposed a new registration process for news sites. Here's why many should be wary. The post US Copyright Office Proposes New Collective Registration for News Sites appeared first on Plagiarism Today.

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Trademark Stories to Watch in 2024

Erik K Pelton

What does 2024 have in store for the world of trademarks? Erik discusses several topics he will be following in this podcast. The post Trademark Stories to Watch in 2024 appeared first on Erik M Pelton & Associates, PLLC. What does 2024 have in store for the world of trademarks? Erik discusses several topics he will be following in this podcast.

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New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

JD Supra Law

On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research and deployment company were named as defendants in a copyright infringement lawsuit filed by The New York Times (the “Times”) in the United States District Court for the Southern District of New York, New York Times Company v.

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