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After almost five years of litigation, British singer-songwriter Ed Sheeran pulled out all the stops (and his guitar) to obtain victory over claims his 2014 song “Thinking Out Loud” infringed on the copyrights held by the estate of Ed Townsend, who co-wrote Marvin Gaye’s 1973 hit “Let’s Get it On”. The lawsuit alleged that Sheeran infringed on what was expressed in the sheet music filed with the United States Copyright Office.
Cookbook author Joanne Lee Molinaro highlighted a copycat cookbook that has raised new questions about imitation in publishing. The post The Case of the Knock-Off Cookbook appeared first on Plagiarism Today.
First published by ALM / Law.com in The Intellectual Property Strategist All of us have been exposed to and perhaps even overwhelmed by news about generative artificial intelligence (AI). Unlike machine learning technology that merely classifies or predicts, generative AI creates. Industry stalwarts and startups alike have launched generative models that can create new text, images, video, 3D models, and even software code — with the promise of more powerful and disruptive innovations to soon fo
With an estimated 2.5 billion users overall and around 120 million users active daily, YouTube is an entertainment powerhouse and a globally-recognized brand. Premium products aside, YouTube is free to use. But with around a billion hours of content consumed every day, YouTube has to find ways to make that pay. The most visible cost to the user is advertising, lots and lots of advertising.
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?
The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted. While Canadian Heritage was at pains to emphasize that the draft direction includes instructions that the “CRTC is directed not to impose regulatory requirements on online undertakings in
Dua Lipa case permanently dismissed, ASCAP targets 13 businesses over unlicensed music and Senate committee tackles AI. The post 3 Count: ASCAP Wave appeared first on Plagiarism Today.
Erik discusses the USPTO’s recent proposal to increase trademark filing fees – which will impact applications, renewals, and everything in between. The post Trademark Fee Increases Proposed By the USPTO appeared first on Erik M Pelton & Associates, PLLC. Erik discusses the USPTO’s recent proposal to increase trademark filing fees – which will impact applications, renewals, and everything in between.
Erik discusses the USPTO’s recent proposal to increase trademark filing fees – which will impact applications, renewals, and everything in between. The post Trademark Fee Increases Proposed By the USPTO appeared first on Erik M Pelton & Associates, PLLC. Erik discusses the USPTO’s recent proposal to increase trademark filing fees – which will impact applications, renewals, and everything in between.
Manga comics are popular around the globe in a content category that has seen piracy grow significantly in recent years. This popularity is also apparent in manga’s home country Japan, where several dedicated pirate sites are active. Publishers are working hard to counter this trend and last month they turned to a U.S. court for help. Working with the Japanese anti-piracy group CODA, manga publisher Shueisha obtained a DMCA subpoena that required Cloudflare to uncover the identities of sev
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. The opinion written by Justice Sotomayor, in which Justices Thomas, Alito, Gorsuch, Kavanaugh, Barrett and Jackson joined, held that the “purpose and character” of AWF’s commercial use of Warhol’s portraits of Prince shared the sam
A new Supreme Court decision may mean some major changes for trademark law and might seem eerily familiar to those who have been watching. The post Poop Jokes, Jack Daniel’s and Trademark appeared first on Plagiarism Today.
The House of Representatives’ Subcommittee on Courts, Intellectual Property, and the Internet today held a hearing titled “IP and Strategic Competition with China: Part II – Prioritizing U.S. Innovation Over Assisting Foreign Adversaries,” which focused on the World Trade Organization’s (WTO’s) agreement on a waiver of IP rights for COVID-19 vaccine technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) last June.
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.
Studying can be a costly endeavor. Aside from the party budget, there are books and tuition fees to pay as well. To reduce costs, some students choose to share books or buy cheaper second-hand versions. Others go a step further and venture onto the dark side, by downloading or even buying ‘pirated’ books. These cost-saving tactics are nothing new.
This case addresses the “skilled and diligent searcher” standard used for establishing Inter Partes Review (“IPR”) estoppel (or lack thereof). In particular, this case establishes: (1) which party bears the burden of proof regarding whether a “skilled and diligent searcher” could have reasonably been expected to discover prior art such that failure to include it in an IPR petition estops the petitioner from raising it in other civil actions under 35 U.S.C. § 315(e)(2); and (2) the “skilled and d
A professor uploaded a fake answer key to a study aid website. In doing so, he caught 40 cheaters and sparked a debate. The post Did a Professor Entrap His Students? appeared first on Plagiarism Today.
Some of the earliest chapters in the story of U.S. innovation have been written by Black Americans who not only advanced the state of industry in our country, but also fought to ensure that they were credited for what they achieved. Within the next few years, the city of Newark, NJ, will be the home of a museum properly paying homage to the historic contributions that these inventors have made to medical science, telecommunications, transportation and more.
According to the most recent order in Maria Schneider’s copyright lawsuit against YouTube, the long-running case is still scheduled for jury trial beginning Monday, June 12, 2023. Or at least what remains of it. Based upon allegations that YouTube is a platform where rampant piracy goes unchecked, Schneider – with support from Uniglobe Entertainment and AST Publishing – had ambitions of class action certification, considerable sums in damages, and the jewel in the crown; univer
HK built an Instagram account impersonating a teacher. He “made one innocuous post on the account.” He unwisely shared the login credentials with two classmates, KL and LF. Those classmates made “incendiary posts” about other teachers (and tagged those teachers) and another student. “H.K. monitored the account and viewed the posts himself.
Dua Lipa wins dismissal of Levitating case, Japan says AI training is legal and manga publishers seek info from Cloudflare and Google. The post 3 Count: Levitating Away appeared first on Plagiarism Today.
The U.S. Supreme Court held today in Jack Daniel’s Properties v. VIP Products that the Rogers test, used to "protect First Amendment interests in the trademark context," is not relevant “when an alleged infringer uses a trademark as a designation of source for the infringer’s own goods.” The Court therefore vacated the U.S. Court of Appeals for the Ninth Circuit’s ruling that said VIP’s dog toy mimicking a Jack Daniel’s whiskey bottle was an expressive work entitled to First Amendment protection
Following an in-depth investigation and a five-year Premier League private prosecution, five men behind the UK’s largest-ever piracy service were sentenced last month to more than 30 years behind bars. While other branded services were featured in the investigation, the focus was on Flawless IPTV and its operations between August 2016 and May 2018. During this period, Flawless served around 42,000 customers direct, charging each around £10 per month.
by Dennis Crouch Washington Post has published a long article titled, “ Colleagues want a 95-year-old judge to retire. She’s suing them instead ,” by Rachel Weiner. Judge Pauline Newman, the oldest active federal judge in the country, has been embroiled in controversy as she resists her colleagues attempts to urge/force her to retire. The article ends with a noteworthy quote from Newman that rings true to her characteristic resilience and dedication: “ I want to spend my last
Deadly Doll settles case with paparazzi photographer, Cox makes an interesting argument in piracy case and HBO sued over FBoy Island. The post 3 Count: Deadliest Doll appeared first on Plagiarism Today.
This week in Washington IP news, the House of Representatives is busy with several hearings related to innovation. The House Committee on Small Business is looking at inflation’s impact on small businesses, while another House subcommittee looks at how tax policy can stimulate U.S. innovation. Elsewhere, the Information Technology and Innovation Foundation (ITIF) discusses whether the United States needs further regulation on artificial intelligence.
Last week the popular torrent site RARBG closed its doors. The operators cited personal and financial reasons for the surprise decision, which came as a shock to many. In recent days there have been plenty of attempts to restore the old database. Some are considering the launch of new sites to keep the RARBG spirit alive but collecting metadata and copying a site’s design isn’t the main challenge.
by Dennis Crouch In the recent case of In re Microsoft , 23-128 (Fed. Cir. 2023) , the Federal Circuit once again granted a writ of mandamus , ordering a patent infringement case to be transferred out of Judge Albright’s courtroom in the Western District of Texas (WDTX). This decision was made under the provisions of 28 U.S.C. § 1404(a), which allows for the transfer of cases for the convenience of the parties and in the interest of justice.
Appeal planed in Thinking Out Loud case, large Manga pirate site is shuttered and use of Michelangelo's David prompts lawsuit. The post 3 Count: Thinking Out Louder appeared first on Plagiarism Today.
In Justice Kagan’s blistering dissent in AWF v. Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious). [Emphasis added] Kagan’s sweeping view that she could not […] The post The Role of Fame in Considering Fair Use appeared first on The Illusion of More.
On January 2, 2015, a new system designed to assist copyright holders and better protect consumers went live in Canada. Under the ‘Notice and Notice’ regime, ISPs are required to forward rightsholders’ copyright infringement notices to subscribers, in most cases those linked to the downloading and sharing of movies using BitTorrent.
In a precedential opinion issued Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a Patent Trial and Appeal Board (PTAB) judgment that affirmed patent claims in part due to the commercial success of MacNeil IP’s WeatherTech vehicle floor tray. The CAFC also affirmed a PTAB ruling that invalidated three claims of one of MacNeil’s patents in its battle with Yita LLC, a Seattle-based auto parts company.
In our first part, we discussed the technological foundations of NFTs. Next, we turn to the legal issues, most certainly to be raised in any NFT litigation. NFT’s Intellectual Property Rights- Patent, copyright, trademark ownership, and individual publicity rights are all IP rights that subsist in the underlying asset comprising the NFT.
As IPKat readers will be aware having this blog covered a number of cases already [see here for a compilation of Katposts] , the Italian Cultural Heritage Code (ICHC) restricts the unauthorized commercial use of images of assets belonging to this country’s cultural heritage. This is so irrespective of the copyright status of the asset in question. To exemplify: in the past, Italian courts have considered it unlawful to reproduce the image of Michelangelo’s David (clearly, a work that is no longe
Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.” Historically, Internet providers rarely applied such a drastic measure, but under pressure from lawsuits, many ISPs are now acutely aware of their obligations. Music Companies sued RCN Internet provider RCN is one of the providers targeted by this legal campaign.
The Federal Circuit Court of Appeals continues to strike down patents directed to abstract ideas under the Alice test for patent subject matter eligibility. In People.ai, Inc. v. Clari Inc. (Fed. Cir. 2023) U.S. App. LEXIS 8294, the court invalidated seven patents owned by People.ai. A patent protects an invention. To be patentable, an invention must fall within one of four categories of patentable (or patent-eligible) subject matter: articles of manufacture, machines, processes, and compositio
What this is : In Washington DC, you don’t have to look far to find a plethora of local or federal agencies that require special agency appointments. What this means : Whether you are conducting business locally or nationwide, if you have to register with a regulatory or governing authority, there is a good chance the application will require a special agency appointment to ensure their official correspondence and legal correspondence is properly received.
Reading Time: 3 minutes Introduction In a recent decision, the Ontario Court of Appeal has shed light on the applicable insurance coverage in cases where a person operates a vehicle without the owner’s permission or consent. The ruling in Burnham v. Co-operators General Insurance Company, 2023 ONCA 384, provides clarity on the interpretation of insurance policies and their coverage provisions in such situations.
At a time when a limited number of rightsholders were demanding thousands of dollars from alleged BitTorrent pirates, Rightscorp focused on the budget end of the market. By attaching settlement demands to DMCA notices sent to ISPs, Rightscorp hoped these would be forwarded intact to subscribers. Rather than demand large sums, Rightscorp requested a relatively small amount, typically around $20, an amount payable through a dedicated portal.
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