September, 2024

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5 Takeaways from the Internet Archive Ruling

Plagiarism Today

Yesterday, the Internet Archive lost its appeal in its case against book publishers. Here's what you need to know. The post 5 Takeaways from the Internet Archive Ruling appeared first on Plagiarism Today.

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Canada (Finally) Does Something Right on Copyright Protection: According to US Study, Canada’s Site Blocking Process is Worth Emulating

Hugh Stephens Blog

It is a foggy Friday when a report out of the US heaps praise on Canada for anything in the area of intellectual property. But surprise, it just happened!

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Author of AI-Generated Work Rejected by Copyright Office Says Lack of Protection Has Crushed Him

IP Watchdog

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. The Review Board of the U.S.

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U.S. Court Orders LibGen to Pay $30m to Publishers, Issues Broad Injunction

TorrentFreak

Library Genesis, often shortened to LibGen , is one of the longest-running shadow libraries online. It provides free access to a vast collection of millions of books and academic papers that typically require payment. In recent years, rightsholders have made several attempts to shut the site down. Court orders have led to LibGen being blocked in several countries, but completely eliminating the threat has been extremely difficult.

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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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Cybersecurity in the Age of Industry 4.0 - Part 2

JD Supra Law

This is the second article in our two-part series on Cybersecurity in the Age of Industry 4.0, focusing on the legal implications and potential liabilities manufacturers face from cyberattacks, as well as practical recommendations to mitigate these risks. If you missed the first article, where we discussed the latest trends and key cybersecurity risks facing manufacturers, you can read it here: Cybersecurity in the Age of Industry 4.0 – Part 1.

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Patent, Copyright, Trademark : What’s the difference?

Erik K Pelton

There are several different forms of intellectual property. The three that can be registered – in different ways and for different lengths – are patents, trademarks, and copyrights. A patent generally protects inventions while a copyright protects an original work of creativity. A trademark protects something that indicates the source of goods or services — generally a brand name, logo, or slogan.

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More Trending

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India: When Does a Religious Marriage Ceremony Become a Pure Entertainment Wedding Party?

Hugh Stephens Blog

Image: Shutterstock (AI-generated) Ah Goa! Spectacular sunsets, beautiful beaches, fish curry and crumbling 16th century Catholic cathedrals deep in the jungle. I fondly recall a couple of visits in past years. While Goa has many attractions, it is the beaches that are the bread-and-butter of the tourist industry. A lot happens on those beaches, from … Continue reading "India: When Does a Religious Marriage Ceremony Become a Pure Entertainment Wedding Party?

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Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

The IPKat

Yesterday, the Constitutional Court of Belgium issued a ruling in joined cases 7922, 7924, 7925, 7926, 7927, concerning the validity of the Belgian law that transposed Directive (EU) 2019/790 [DSM Directive; see an earlier post on this case here ]. The ruling stays the proceedings and refers 13 questions to the Court of Justice of the European Union (CJEU).

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‘Pirate’ Site nHentai Sued in U.S. Court for Copyright Infringement

TorrentFreak

Manga and anime have become increasingly popular in recent years. These formats originate in Japan, but they are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above. With a growing audience of many millions of fans, hentai is also benefiting from the boom. As with any type of media, not all consumers are paying for access.

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A Very Demure, Very Mindful Trademark Problem: Prior-Filed Applications For Your Trademark

JD Supra Law

TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed to over 2 million followers on TikTok alone. On the heels of her viral fame, Jools posted that the video had changed her life almost overnight.

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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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25 Considerations for a Trademark Cease and Desist Letter

Erik K Pelton

When dealing with a trademark dispute, many decisions go into crafting a cease and desist letter. Erik shares 25 considerations to make in this episode. The post 25 Considerations for a Trademark Cease and Desist Letter appeared first on Erik M Pelton & Associates, PLLC. When dealing with a trademark dispute, many decisions go into crafting a cease and desist letter.

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Why the Internet Archive Lost

Plagiarism Today

The Internet Archive's defeat is a blow to the organization So why did it lose? Who is to blame? The answer is very simple. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries

Kluwer Copyright Blog

Image by Clker-Free-Vector-Images from Pixabay As reported in earlier posts on this blog , in a 2022 study , I examined the national implementations in the 11 Member States that had at that time transposed Article 15 (the press publishers’ right) and Article 17 (the special copyright liability regime for “online content-sharing services providers” (OCSSPs)) of the EU’s Copyright in the Digital Single Market Directive (CDSMD).

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Singapore’s New Copyright Act Three Years On: There’s No Need to Open the AI Exception Door Even Wider

Hugh Stephens Blog

Image: Shutterstock (modified) The 2021 Revisions Back in 2021 I wrote a mixed review of the revisions brought in to update Singapore’s Copyright Act. There were some significant positives for rights-holders, notably a new provision that made it illegal to sell ISDs (Illicit Streaming Devices, i.e.

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Court Orders Google to “Uninstall” Pirate IPTV App Sideloaded on Android Devices

TorrentFreak

As reported last week, an order published in Argentina dated September 13, 2024, revealed that local ISPs are now required to block dozens of Magis TV-linked domains for violating intellectual property law. In total, 69 domains (full list in our earlier report ) must be blocked so that internet users cannot access them from anywhere inside Argentinian territory.

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Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

JD Supra Law

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors. The case involved plaintiff Compulife Software, Inc. (“Plaintiff” or “Compulife”) – in the business of generating life insurance quotes on the internet – and a group of Compulife competitors and others (“Defendants”) who allegedly misappropriated Plaintiff’s.

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Building a Bold Brand Chapter 13: Beware of Scams

Erik K Pelton

The following is an edited transcript of Chapter 13 of my book video Building a Bold Brand: Beware of Scams Few things I have written about over the years have garnered more attention than my coverage of worthless scams that prey upon trademark owners. If you think you might have received a trademark scam letter or solicitation, here are some tips: Do not pay it.

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NaNoWriMo’s Massive AI Blunder

Plagiarism Today

NaNoWriMo weighed in on artificial intelligence (AI) and authors, including their own leaders, are unhappy with the statement. Here's why. The post NaNoWriMo’s Massive AI Blunder appeared first on Plagiarism Today.

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Additional Remuneration Rights for Online Streaming on Reference to the CJEU

Kluwer Copyright Blog

Image by yousafbhutta from Pixabay On 26 September 2024, the Belgian Constitutional Court referred a highly topical issue of fair remuneration of authors and performers on online streaming platforms to the Court of Justice of the EU (CJEU). The reference, which is poised to result in one of the most significant CJEU judgments in the copyright law field, concerns the validity of a number of provisions of the Law of 19 June 2022 , which transposed the 2019 Copyright in the Digital Single Market Di

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How A Strong Copyright System Benefits the United States

Copyright Alliance

Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. Growing up in Michigan, high school policy debate let […] The post How A Strong Copyright System Benefits the United States appeared first on Copyright Alliance.

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Google Wins Lawsuit Against Scammers Who ‘Weaponized’ DMCA Takedowns

TorrentFreak

The DMCA takedown process allows rightsholders to request the removal of infringing material from online platforms. It’s a powerful, widely-used tool that results in millions of URLs and links being taken down daily. While often justified, some DMCA takedown requests are questionable or even outright abusive. Google Sues DMCA Scammers Google is no stranger to DMCA abuse.

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Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use

JD Supra Law

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American Broadcasting Companies, Inc., and Walt Disney Company, 1:24-cv-01210, in the Southern District of New York. The legal battle was sparked by a series of hilarious prank videos that Kimmel allegedly lured Santos into making.

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25 Tips from a Former USPTO Trademark Examiner

Erik K Pelton

The following is an edited transcript of my video 25 Tips from a Former Trademark Examiner. You might know that I’m a former examiner at the USPTO who reviewed trademark applications from the inside of the process. The following are some tips that are useful on the outside, but that one learns on the inside. You can contact the examiner by phone or email if you have a question or you want to discuss something, so you can always look up the examiner’s phone number or email.

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Understanding the Darryll Pines Plagiarism Allegations

Plagiarism Today

The President of the University of Maryland, Darryll Pines, is the latest to be targeted with plagiarism allegations. Here's how serious they are. The post Understanding the Darryll Pines Plagiarism Allegations appeared first on Plagiarism Today.

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Copyright, Education, and Generative AI: Getting with the programme?

Kluwer Copyright Blog

Generative AI (GenAI) is promising to revolutionise higher education. Whether it concerns legal scholars using ChatGPT to write their essays, computer science majors relying on GitHub Copilot to generate programming code, or art students turning to Midjourney to create visual artistry: the relevant AI tools to assist with educational assignments are readily available online.

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New Group Launched by IP VIPs Promises to Protect Inventors’ Right to Access Capital

IP Watchdog

A new inventors’ rights group was launched Thursday, September 19, with the aim of “helping startups, small businesses, and entrepreneurs defend their intellectual property rights and access capital.” The Inventors Defense Alliance includes Professor Kristen Osenga, professor at the University of Richmond School of Law, as its chief policy counselor, and boasts a board featuring the Hon.

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Hollywood and Netflix Report Piracy Threats to the EU, Call for ‘Intermediary’ Action

TorrentFreak

Over the past two decades, online piracy has proven to be a massive challenge for the entertainment industries. Governments around the world have recognized this challenge and, where possible, lend a helping hand to identify and address these threats. The European Commission, for example, compiles a bi-annual ‘Counterfeit and Piracy Watch List’ following the example set by the United States.

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California Enacts Host of AI-Related Bills Designed To Protect Individuals

JD Supra Law

In the absence of federal legislation addressing the development and deployment of artificial intelligence (AI) systems, individual states continue to fill that void by enacting state-specific legislation.

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Do These 5 Things When Starting a New Business

Erik K Pelton

We are a small business and we specialize in helping small businesses protect their brands. Here are 5 essential tips for anyone starting a new venture. The post Do These 5 Things When Starting a New Business appeared first on Erik M Pelton & Associates, PLLC. We are a small business and we specialize in helping small businesses protect their brands.

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The Battle Over Music in Social Media Videos

Plagiarism Today

Music companies are increasingly targeting businesses who use their music on social media. Here's what you need to know. The post The Battle Over Music in Social Media Videos appeared first on Plagiarism Today.

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Why the Data Wall and the Advance of Quantum Computing Matter to Copyright Lawyers

Kluwer Copyright Blog

Samuel Johnson by Joshua Reynolds from Wikipedia Large language models are built on scale. The bigger they are, the better they perform. The appetite for letters of these omnivorous readers is insatiable, so their literary diet must grow steadily if AI is to live up to its promise. If Samuel Johnson, in one of his famous Ramblers of 1751, grumbled about the growing number of what he called “the drudges of the pen, the manufacturers of literature, who have set up for authors”, who knows what he w

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Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v. Take Two

Technology & Marketing Law Blog

Prior blog post. Alexander inked 6 tattoos on wrestler Randy Orton. Videogames featured Orton and his tattoos, and Alexander sued for copyright infringement. A jury ruled for Alexander and awarded $3,750 in damages. The defendants sought to overturn the jury verdict. The denial of fair use stands, but the damages get zeroed out. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” Really?

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X Loses Battle to Protect Genshin Impact Leaker’s First Amendment Anonymity

TorrentFreak

In November 2023, the publisher of hit videogame Genshin Impact obtained a DMCA subpoena at a California district court to unmask an anonymous alleged infringer. Cognosphere’s aim was to compel X/Twitter to “disclose the identity, including the name(s), address(es), telephone number(s), and e-mail addresses(es)” of an individual in control of four ‘X’ accounts: @HutaoLoverGI, @GIHutaoLover, @HutaoLover77, and @FurinaaLover.

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Amarin v. Hikma: Defining the Limits of Protection That Skinny Labels Afford

JD Supra Law

On August 22, 2024, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals, PLC (collectively Hikma), filed a petition for rehearing en banc, asking the US Court of Appeals for the Federal Circuit to reconsider its recent decision on induced infringement by generic drug companies that use a “skinny label.” Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., No. 2023-1169 (Fed.

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10 Questions to Ask When Hiring a Trademark Lawyer

Erik K Pelton

The following is an edited transcript of Chapter 12 of my book video Building a Bold Brand: Using and Choosing Trademark Counsel I get asked all the time, “Can I file a trademark application by myself?” The simple answer is YES. No attorney is necessary. But just because you CAN does not mean that you SHOULD. By attempting to register a trademark without counsel, a business may create more problems than it began with, may incur more expenses than it would have by hiring a professional from the s

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