April, 2025

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Training AI Using ‘Pirated’ Content Can Be Fair Use, Law Professors Argue

TorrentFreak

In the race to build the most capable LLMs, several tech companies have sourced copyrighted content for use as training data, without obtaining permission from content owners. Many of those companies are now being sued for alleged copyright infringement. The list includes Meta, which faces a class action lawsuit filed by authors Richard Kadrey, Sarah Silverman, and Christopher Golden, among others.

Fair Use 130
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Photojournalist Wins Lawsuit Against the City of Chicago

Plagiarism Today

A judge has awarded a photographer summary judgment in a case against the City of Chicago. It could be a major win for artists everywhere. The post Photojournalist Wins Lawsuit Against the City of Chicago appeared first on Plagiarism Today.

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Hudson’s Bay Layoffs: What Employees Need to Know About Their Rights

Nelligan Law

Reading Time: 2 minutes As Hudsons Bay Company begins liquidation sales at nearly all of its Canadian stores, over 9,300 employees are facing job lossand many are learning they may not receive any severance pay. Meanwhile, according to reporting, the company has set aside up to $3 million in bonuses for 121 executives and managers. Whats Happening at Hudsons Bay?

Law 90
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No retroactive protections for well-known trade marks against GIs for wines, says Advocate-General

The IPKat

Last week, Advocate-General Campos Snchez-Bordona delivered his opinion in Case C341/24 Duca di Salaparuta. As this Kat previously reported here , the Italian Supreme Court referred questions to the CJEU on conflicts between geographical indications and trade marks for wines. The AG took the view that more recent provisions which protect trade marks with a reputation did not apply retroactively to geographical indications that were registered under the earlier EU regulations.

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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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Why Creativity and Ownership Are Crucial to Innovation | IPWatchdog Unleashed

IP Watchdog

This week on IPWatchdog Unleashed, we speak with James Edwards, a property rights advocate, lobbyist and now also the author of the forthcoming book To Invent Is Divine: Creativity and Ownership,which addresses the disconnect between the attributes of creativity and ownership and human innovation, technological progress, and practical benefits from human creativity and ownership in combination.

Ownership 102
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Roblox Faces Potentially Unlimited Copyright Liability—Robinson v. Binello

Technology & Marketing Law Blog

This case involves the Maple Leaf Rag song, composed by Scott Joplin. Even if you aren’t a ragtime aficionado, you may have heard this tune. Joplin’s song is in the public domain now. The plaintiff Robinson made a recording of it ( here is one such version ) that is copyrighted. The defendant Binello made a popular Roblox game called MeepCity allegedly visited 1B times: The game included a feature that allowed users to gather and talk with each other in a pizzeria, which included a p

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Thaler v. Perlmutter: Human Authors at the Center of Copyright?

Kluwer Copyright Blog

Image by Jorge Franganillo from Pixabay On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of Stephen Thalers application to register A Recent Entrance to Paradise , a purportedly machine-authored work, holding that the Copyright Act of 1976 requires all eligible work to be authored in the first instance by a human being.

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When AI and Copyright clash: Chinese courts find AI platform liable for contributory copyright infringement based on AI generated images

JD Supra Law

The Hangzhou Internet Court recently found a Chinese AI platform liable for contributory copyright infringement, after the platform allowed users to create, apply and share models enabling the AI generation of variations on clearly recognizable Ultraman images, thereby failing to implement necessary preventive measures. The judgment was appealed and the Hangzhou Intermediate People's Court recently upheld the first instance verdict.

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Good Deed for the Day: Helping Old Producers Cross Agents

Likelihood of Confusion

Originally posted 2010-11-30 08:00:13. Republished by Blog Post PromoterIn far-off Hong Kong, the Motion Picture Association has created a Boy Scout merit badge on copyright: “Boy Scouts in Hong Kong now can earn merit badges for learning about the wonders of copyright law–at least the version described by the Motion Picture Association,” reports Declan McCullagh. […] The post Good Deed for the Day: Helping Old Producers Cross Agents appeared first on LIKELIHOOD OF CONFUS

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Senate Judiciary Committee to Consider Bills Targeting Pharma Patents and Pricing

IP Watchdog

On Thursday morning, the full U.S. Senate Judiciary Committee will convene an executive business meeting to consider several pieces of proposed legislation aimed largely at regulating patent-related activities in the pharmaceutical sector. Although one proposed bill would call for a study into the role of intermediaries in the pharmaceutical supply chain, the remaining drafts are meant to address perceived issues related to drug patents, many of which have been made more menacing by data reports

Patent 95
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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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What are your options if you are experiencing burnout at work?

Nelligan Law

Reading Time: 2 minutes Burnout at work is more than just a temporary feeling of stress or fatigue, it is a serious mental health condition that can impact your well-being, productivity, and quality of life. In Ontario, employees experiencing burnout are entitled to certain rights and protections under both employment law and human rights law. Understanding your legal options can help ensure you are supported, and can also help you make informed decisions about how to handle the situation.

Law 75
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OpenDNS Quits Belgium Under Threat of Piracy Blocks or Fines of €100K Per Day

TorrentFreak

Without assurances that hosts, domain registries, registrars, DNS providers, and consumer ISPs would not be immediately held liable for internet users’ activities, investing in the growth of the early internet may have proven less attractive. Of course, not being held immediately liable is a far cry from not being held liable at all. After years of relatively plain sailing, multiple ISPs in the United States are currently embroiled in multi-multi million dollar lawsuits for not policing in

IP 89
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Copyright and AI in a World of Whiplash Public Policy

The Illusion of More

I have not added a copyright post here since March 19, when the DC Circuit Court of Appeals affirmed in Thaler v. Perlmutter that works produced autonomously by generative AI (GAI) are not protected under U.S. copyright law. Although it is good to see the human authorship doctrine in copyright left undisturbed, it is a […] The post Copyright and AI in a World of Whiplash Public Policy appeared first on The Illusion of More.

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How to commence main proceedings before the UPC: deadlines and court fees

JD Supra Law

Patent holders must start Unified Patent Court (UPC) proceedings on the merits within a certain period if they do not want to risk the revocation of provisional measures. The UPC has now clarified that filing the statement of claim in the case management system (CMS) is sufficient to meet this deadline. Court fees do not have to have been received by the court provided that the payment has been initiated.

Patent 68
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How Long Does a Plagiarism Retraction Take?

Plagiarism Today

A recent study shows us how long retracted plagiarized works remained unretracted and what types of plagiarism take the longest. The post How Long Does a Plagiarism Retraction Take? appeared first on Plagiarism Today.

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[Guest post] ‘Ghiblification’ and the Moral Wrongs of U.S. Copyright Law

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Angela Chung (Berkeley Law) reflecting on the flaws and grey areas for artistic protection through the moral rights of the Visual Artists Rights Act (VARA) in the era of AI, and discussing the controversies of the recent Studio Ghibli AI craze as a starting point to get at the heart of ethical concerns on artistic extraction.

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Some Hits and Some Misses: Analysing Kemin Industries vs Controller of Patents

SpicyIP

Image from here Imagine that your client has come up with an invention (a process) that enables animals on your farm to absorb more energy than is usual from their feed/diet. It coincidently might also increase the economic value of the animals, mostly poultry and swine, after consuming the enhanced feed. Would this be a method of treatment for animals that is barred by Section 3(i)?

Patent 63
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Nhentai Operators Ordered to Expose Themselves in U.S. Copyright Lawsuit

TorrentFreak

With an estimated 240 million visits during the first three months of the year, Nhentai is one of the most trafficked websites online today. The site serves adult-oriented anime and manga, also known as hentai. These spicy Japanese comics are popular worldwide but not everyone is happy with Nhentai or its massive audience. Some rightsholders consider the site a deviant pirate operation.

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NO FAKES Act Reintroduced to Support from Both Big Tech and Creators

IP Watchdog

Today, Senators Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC) and Amy Klobuchar (D-MN) reintroduced the NO FAKES Act, which would create a federal IP right to an individuals voice and likeness. In September 2024, U.S. Representatives Mara Elvira Salazar(R-FL), Madeleine Dean(D-PA), Nathaniel Moran(R-TX),Joe Morelle(D-NY),Rob Wittman(R-VA) and Adam Schiff (D-CA) introduced the bill in the House of Representatives, two months after Coons, Blackburn, Klobuchar and Tillis had in th

IP 72
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Regulation, Enforcement, and Associated Challenges: Part II

JD Supra Law

Given the continued challenges in policing the burgeoning ENDS marketplace, as previously discussed in Part I of this article, in mid-2024 FDA and DOJ announced the establishment of a federal multi-agency task force to combat the illegal distribution and sale of e-cigarettes. Specifically, the task force includes members from the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S.

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The Frustrating Case of Rachel Hardeman

Plagiarism Today

Rachel Hardeman is an influential academic at the University of Minnesota. However, three of her colleagues are accusing her of plagiarism. The post The Frustrating Case of Rachel Hardeman appeared first on Plagiarism Today.

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One copyright to rule them all?

The IPKat

All intellectual property rights have a limited territorial scope. This can make it difficult to determine if an IP right is infringed, particularly when the contested use takes place online. The German Supreme Court recently dealt with the question of the commercial effect of two websites which were primarily directed at Kazakhstan and Ukraine. Background The plaintiff produces clothing and owns the copyright to photographs of such clothing.

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Key Temporary Changes to Employment Insurance in Canada

Nelligan Law

Reading Time: 2 minutes The federal government has introduced several temporary changes to Employment Insurance (EI) that aim to make it easier and faster for Canadians to access support. While the official text of the regulations has yet to be published at the time of this blog posting, the Federal Government has announced the changes in a recent news bulletin.

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Block Mirror: Dystopian Site-Blocking Triggers Circumvention Innovation

TorrentFreak

In the wake of a global pandemic, an ongoing war in Europe, and a new U.S. president taking the world on a surprise mystery tour to somewhere, Season 7 of Black Mirror faces the show’s toughest test following its Netflix debut on Thursday. Ensuring each episode has a provocative, meaningful impact is getting harder in a world where the highly improbable seems to happen much more frequently.

IP 77
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Senate Judiciary Committee Advances Pharma Patent Bills IP Advocates Say are Backed by Faulty Data

IP Watchdog

The U.S. Senate Committee on the Judiciary on Thursday convened an executive business meeting during which the full committee voted on a series of six drug patent-related bills towards a vote on the full floor of the Senate. While many of these bills were hailed by committee members as strong steps toward reining in consumer drug prices, the perceived problems addressed by these bills have been fomented by controversial data reports, leading to questions as to whether these bills will achieve th

Patent 64
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[Podcast] A New World: Indemnification, Artificial Intelligence and Intellectual Property

JD Supra Law

To describe the rise of artificial intelligence (AI) as rapid is a vast understatement. From its ubiquitous presence assisting us in our most mundane daily tasks to its warm embrace by business leaders eager to revolutionize their industries, AI is pervasive and so are its pitfalls. Indemnification provisions and enforcement are expected to shift significantly as organizations adapt to related legal changes for creators, manufacturers, distributors and users.

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3 Count: Unmasking

Plagiarism Today

Owners of animated adult content site ordered to unmask, Shein sued by South Korean company and Sony sues Indian retailer. The post 3 Count: Unmasking appeared first on Plagiarism Today.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Here is a quick recap of what you might have missed! Copyright Former PermaKat Nicola Searle (Goldsmiths, University of London) compared the current copyright debates to those of the 2010s, as well as the substitutability of copyright works. Katfriend Angela Chung (Berkeley Law) analyzed the controversies of the recent Studio Ghibli AI craze in the light of US law and grey areas for artistic protection through the moral rights granted by VARA.

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Who Owns Mayhem? Gaga Gets Sued While the Metal Band Watches from the Shadows

Nelligan Law

Reading Time: 3 minutes In a gloriously chaotic trademark case, Lady Gaga is being sued for $100 million over the word Mayhem. Not by another pop star. Not by a niche metal band. But by a surfboard company. And lurking silently in the background: the Norwegian black metal band Mayhem , whose logo clearly inspired the entire aesthetic but who, for now, havent filed a single motion.

Designs 59
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DAZN Pirate IPTV Action Coincided With Massive Public DNS Blockade

TorrentFreak

Like many similar reports published most weeks by newspapers in Europe, an article published by Belgian media outlet L’Echo late Saturday evening pulled few punches. The publication explained that after football broadcasters DAZN and 12th Player obtained authority from a local court for a new type of enforcement action, on Saturday Belgian ISPs blocked around 100 illegal streaming sites and five pirate IPTV providers.

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UPC vs. EPO Oppositions: Lessons from Recent UPC Case Law

IP Watchdog

A European Patent Office (EPO) opposition is often the first line of defense for a party seeking to invalidate a European patent. Oppositions must be filed within nine months of the patents grant, and they offer a centralized way to revoke or limit the patent in all designated states. With the Unified Patent Ccourt (UPC) now providing a parallel central revocation mechanism (with no deadline) for UPC member states, it was inevitable that some patents would face both an EPO opposition and a UPC r

Law 59
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EU AI Office Publishes Third Draft of EU AI Act-Related General-Purpose AI Code of Practice: Key Copyright Issues

JD Supra Law

This LawFlash summarizes key EU copyright aspects of the European AI Offices third draft of its General-Purpose AI Code of Practice developed in connection with the EU AI Act. The Code of Practice sets out commitments and measures for providers of general-purpose AI models (GPAI models) (whether involving systemic risks or not) that are subject to the AI Act.

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James Somerton Re-Emerges, Plagiarizes Again, Disappears

Plagiarism Today

James Somerton was accused of plagiarism in December 2023. He re-emerged as a wedding photographer, using stock images as his work. The post James Somerton Re-Emerges, Plagiarizes Again, Disappears appeared first on Plagiarism Today.

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Navigating Trademarks in the Era of Digital-Physical Hybrid Products and Services

IP and Legal Filings

A world increasingly defined by convergent technology – digital-physical hybrid goods and services – is providing the very framework through which businesses operate, innovate, and connect with their consumers. These products weave together the cloud through wearable devices or integrate augmented reality into mundane objects, among a whole other raft of hybridizations that bring technology closer to the physical.

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Retromark 2025: Event Report (Part 1 - the write-up)

The IPKat

The good and the great from the trade mark world, at least insofar as it includes people who were in London on 3 April, descended on the offices of Simmons & Simmons for this years excellent Retromark, in association with the IPKat. Formed of two panel sessions and a keynote from Prof. Johanna Gibson (Queen Mary), it was a lively and informative update.