Hugh Stephens Blog

APRIL 10, 2023

It’s finally April. That means that summer can’t be that far behind, can it? Dreams of sitting down at the dock with a cold one in hand, watching the sunset while the loons trill in the twilight. That’s what the idyllic image above conveys. I’ve even written a poem—well doggerel verse actually—to accompany the image. … Continue reading "Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?

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Erik K Pelton

APRIL 11, 2023

A seminal trademark case is In Re DuPont. Erik discusses what the case – and the likelihood of confusion factors – mean for trademark applications and disputes. The post What Are the DuPont Factors in a trademark confusion analysis? appeared first on Erik M Pelton & Associates, PLLC. A seminal trademark case is In Re DuPont. Erik discusses what the case – and the likelihood of confusion factors – mean for trademark applications and disputes.

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JD Supra Law

APRIL 13, 2023

The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of confidential business information, ruled that the Texas presumption of irreparable harm for breach of non-compete clauses does not always apply and that a finding of irreparable harm requires particularized findings regarding the alleged harm.

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Intellectual Property Law Blog

APRIL 13, 2023

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise. Another GAI issue that has arisen with various applications involves the right of publicity.

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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

Plagiarism Today

APRIL 12, 2023

A recent documentary about Roy Lichtenstein looks at his appropriations. Was he an artistic genius, a plagiarist, or both? The post The Case Against Roy Lichtenstein appeared first on Plagiarism Today.

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Erik K Pelton

APRIL 10, 2023

The following is an edited transcript of my video “The 5 Ws of Copyright Registration” The five Ws: Who, What, When, Where, and Why. Maybe you remember these from elementary school—I know I do. I want to apply that to copyright registration Who can register a copyright? The simple answer is the owner of the copyright, but that can be more complicated than it seems, particularly if there’s an appointment relationship or other contractual relationship.

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Intellectual Property Law Blog

APRIL 12, 2023

The U.S. Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology. Some of the key points include the following: Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans In the case of works containing AI-generated material, the Office w

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Plagiarism Today

APRIL 11, 2023

Two ISPs fail to get copyright cases dismissed, Chinese tourist destination accused of infringement, and Tencent reaches deal with ByteDance. The post 3 Count: China X2 appeared first on Plagiarism Today.

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Plagiarism Copyright 212

The IPKat

APRIL 14, 2023

This Kat continues her discussion on how wars affect geographical indications (GIs), this time, how World War I changed the history of camembert, one of the France’s most famous cheese, both for the good (the building of a broad-based reputation) and for the bad (laying the seeds for the ultimate genericization of the product name). Camembert is a soft and creamy cheese, made from cow’s milk.

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TorrentFreak

APRIL 11, 2023

In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.

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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

Intellectual Property Law Blog

APRIL 12, 2023

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? In Authors Guild v. Google, Inc., (the Google Books case), Google was found not to infringe based on a ruling that the scanning of physical, copyright-protected books to generate a searchable database used to search the content of the books

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Plagiarism Today

APRIL 13, 2023

UMG warns Apple and Spotify against AI scraping, Taiwanese pirate operators sentenced to prison and Lil Yachty settles NFT case. The post 3 Count: AI Scraping appeared first on Plagiarism Today.

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McKinsey Operations

APRIL 10, 2023

Preparing for the CEO role can be a challenge and a reward. These eight lessons drawn from more than 300 McKinsey Leadership Forum participants and the CEOs who advise them will benefit any top executive or aspiring CEO.

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IP Watchdog

APRIL 9, 2023

Current artificial intelligence (AI) systems can generate an astonishing variety of content, including text-based works, audio, video, images, programming code, product designs, technical papers, etc. In many cases, the output from an AI system is virtually indistinguishable from that of a human. This trend is expected to continue at an ever-increasing rate in the coming years.

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Intellectual Property Law Blog

APRIL 12, 2023

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create generative AI content from a text prompt and enable generative AI to complete computer code. This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries.

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Plagiarism Today

APRIL 12, 2023

Ninth Circuit remands photography case for new jury trial, Uberspace owner promises appeal and Buffalo mural causes copyright headaches. The post 3 Count: Jury Remand appeared first on Plagiarism Today.

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TorrentFreak

APRIL 13, 2023

Last summer, the US Copyright Claims Board (CCB) officially launched. Through this Copyright Office-hosted venue, rightsholders can try to recoup alleged damages outside the federal court system. The CCB aims to make it cheaper for creators to resolve disputes. There’s no attorney required and the filing fee is limited to $100 per claim. Accused parties also benefit as the potential damages are capped at $30,000.

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IP Watchdog

APRIL 12, 2023

IPWatchdog has learned from several sources this week that U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore has filed a judicial complaint against Judge Pauline Newman under the Judicial Conduct and Disability Act. According to those who have seen the complaint, Moore is claiming she has probable cause to believe that Newman is unable to effectively discharge the duties of her office.

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Intellectual Property Law Blog

APRIL 12, 2023

The National Telecommunications and Information Administration (NTIA) has issued a Request for Comments (RFC) on Artificial Intelligence (“AI”) system accountability measures and policies to advance its efforts to ensure AI systems work as claimed and without causing harm. The RFC is targeting self-regulatory, regulatory, and other measures and policies to provide reliable evidence that AI systems are legal, effective, ethical, safe, and otherwise trustworthy.

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Plagiarism Today

APRIL 13, 2023

Joe Hand Promotions has filed 26 cases with the Copyright claims Board. Here's who they are and why they likely chose the CCB. The post Meet Joe Hand Promotions: The Most Frequent CCB Filer appeared first on Plagiarism Today.

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Plagiarism Copyright Copyright Infringement Copyright Law 181

TorrentFreak

APRIL 10, 2023

As Nintendo’s official website for Switch game The Legend of Zelda: Tears of the Kingdom states, “The adventure begins on May 12.” Officially, at least. The hotly anticipated sequel to The Legend of Zelda: Breath of the Wild will go on sale next month in digital and physical formats, with the latter also available as a special Collector’s Edition.

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IP Watchdog

APRIL 13, 2023

By now, unless you live in a total IP blackout zone, you’ve heard about the Unitary Patent and Unified Patent Court (UPC). Your friends in Europe, particularly, have been insistent on informing you, whether you want to know or not, with daily (if not hourly) email blasts, since January of this year. But most of what they tell you misses the forest for the trees.

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Intellectual Property Law Blog

APRIL 12, 2023

On March 16, 2023, the U. S. Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and using copyrighted materials in AI training. According to the USCO: “This initiative is in direct response to the recent striking advances in generative AI technologies and their rapidly growing use by individuals and businesses.

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Plagiarism Today

APRIL 11, 2023

It's still impossible to know what long-term impacts AI will have on our lives, but it has already changed the way we think about plagiarism. The post One Way AI Has Changed Plagiarism appeared first on Plagiarism Today.

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TorrentFreak

APRIL 8, 2023

With more than 12 million books in its archive, Z-Library advertised itself as the largest repository of pirated books on the Internet. The site has millions of regular readers who find a wealth of free knowledge and entertainment at their fingertips. This success was briefly interrupted late last year when the U.S. Government seized the site’s main domain names.

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IP Watchdog

APRIL 13, 2023

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal held a virtual conversation with the intellectual property (IP) press on Wednesday to coincide with a one-year anniversary Director’s blog post published today. “If last year was about listening…this is really the year where we’re trying to bring that to impact,” said Vidal. Vidal said the work she did in her first year in office was about providing clarity and sometimes learning from “unintended consequences,” but this year is going

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The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. Here’s what Deborah writes: SIAE vs Meta: no more Italian music available on Facebook and Instagram?

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Technology & Marketing Law Blog

APRIL 8, 2023

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. (Age “assurance” requires the business to distinguish children from adults, but the methodology to implement has many of the same characteristics as age verification–it just needs to be less precise for anyone who isn’t around

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TorrentFreak

APRIL 10, 2023

Every day, millions of people from all over the world submit posts, comments, and other content to Reddit. The social news and discussion platform has been around for more than 17 years and over time its popularity has only increased. With Reddit about to reach adulthood, the site has certain responsibilities. In recent years, these have included the publication of a transparency report documenting how various legal policies affect the site’s content.

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IP Watchdog

APRIL 10, 2023

Just days after a complaint was filed against restaurant chain Sweetgreen by Chipotle Mexican Grill for trademark infringement, dilution, and deceptive business practices, Sweetgreen has changed the name of its offending product in order to reach possible settlement. Last week, Chipotle filed a complaint against Sweetgreen for naming its new menu item “Chipotle Chicken Burrito Bowl”.

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McKinsey Operations

APRIL 10, 2023

Influencer marketing is a collaboration between popular social-media users and brands to promote brands’ products or services.

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JD Supra Law

APRIL 14, 2023

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise.

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TorrentFreak

APRIL 11, 2023

VPN providers with any infrastructure in Russia have experienced problems for years. Today’s bottom line for anonymizing privacy services is that they must comply with Russia’s site-blocking demands and open up themselves up to scrutiny. Since the alternative is to break the law and face the consequences, many providers have pulled out of Russia completely.

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IP Watchdog

APRIL 10, 2023

On April 7, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a ruling in People.ai, Inc. v. Clari Inc. affirming a judgment on the pleadings that nixed patent infringement claims asserted by People.ai in the Northern District of California. The Federal Circuit’s opinion, authored by Circuit Judge Tiffany Cunningham, agreed with the district court that People.ai’s patent claims to recordkeeping management systems were directed to abstract ideas that are unpatentable under 35 U.S.C.

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McKinsey Operations

APRIL 12, 2023

Experts behind the rules of value-creating growth discuss how leaders can apply these insights to their growth strategies.

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