2024

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Japan’s Text and Data Mining (TDM) Copyright Exception for AI Training: A Needed and Welcome Clarification from the Responsible Agency

Hugh Stephens Blog

Image: iStock Japan has always been known for its strong creative sector and rich cultural output, from animé to manga to literature, music and film, and for its respect for intellectual property (IP) and the rights of creators.

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Adobe’s Terms of Service Debacle

Plagiarism Today

Adobe users are in revolt over changes to the company's terms of service. But how bad are they should users be worried? The post Adobe’s Terms of Service Debacle appeared first on Plagiarism Today.

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Google, Cloudflare & Cisco Will Poison DNS to Stop Piracy Block Circumvention

TorrentFreak

In France, where laws were introduced with site-blocking and similar anti-piracy measures already baked in, entertainment giant Canal+ seems intent on taking full advantage. Like similar broadcasters with lucrative sports rights to exploit, Canal+ has a subset of viewers who prefer to consume from pirate sources which charge much less, or even nothing at all.

Law 145
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Cropping photograph and omitting author's name may infringe moral rights

The IPKat

There is no doubt that photographs can be protected by copyright [ IPKat here , here and here ]. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. This judgment provides an opportunity to examine the concept of originality as applied to photographs, and also to understand what may constitute an infringement of moral rights.

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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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Publishing Companies Say Google is Liable for Promoting Pirated Textbooks

IP Watchdog

Several major educational publishing companies, including Macmillan, Elsevier and McGraw Hill, have sued Google in a New York district court alleging contributory and vicarious copyright infringement, trademark infringement and violations of New York’s General Business Law. The companies claim that Google’s search engine is facilitating infringement by promoting pirate sites that sell heavily discounted versions of educational textbooks.

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BREAKING: Jury Says Microsoft Owes $242M For Infringing IPA Patent

IP Law 360

A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.

Patent 145

More Trending

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AI and Copyright in 2023: In the Courts

Copyright Alliance

On January 3, we published part one of this blog series summarizing the biggest copyright-related AI activities that took place within the federal government. In today’s post, we pick back […] The post AI and Copyright in 2023: In the Courts appeared first on Copyright Alliance.

Copyright 145
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Childcare Costs, Reduced Work, and Financial Strain: New Estimates for Low-Income Families

U.S. Department of Commerce

Childcare Costs, Reduced Work, and Financial Strain: New Estimates for Low-Income Families June 27, 2024 ASowah@doc.gov Thu, 06/27/2024 - 10:27 According to new survey data from the Federal Reserve’s 2023 Survey of Household Economics and Decisionmaking (“SHED”), low-income families are more likely to reduce work to care for young children while high income families are more likely to pay for care.

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CRTC Bill C-11 Ruling “Makes Web Giants Pay” But it is Canadian Consumers That Will Get the Bill

Michael Geist

The CRTC has released its much-anticipated Bill C-11 ruling on the initial mandated contributions from Internet streaming services. The headline the Commission and government will promote is that the services will be required to contribute 5% of their Canadian revenues to support various Canadian funding programs that support film and TV production, news, and music.

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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.

Blogging 141
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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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Two Hundred Years of Copyright History in Canada: What a Journey!

Hugh Stephens Blog

Image: Shutterstock (with AI assist) As we approach July 1, Canada Day, Canada’s 157th anniversary, it is worth reflecting on the history that shaped this wonderful if imperfect country of now 41 million. While not top of mind for everyone, part of that history relates to copyright! This year, 2024, marks a couple of milestones … Continue reading "Two Hundred Years of Copyright History in Canada: What a Journey!

Copyright 260
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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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Napster Sparked a File-Sharing Revolution 25 Years Ago

TorrentFreak

The invention of the MP3 format in 1993 didn’t make any mainstream news headlines. In hindsight, however, it was a pivotal moment that would revolutionize music consumption, and more. Invented by the German engineer Karlheinz Brandenburg and colleagues at the Fraunhofer Society, the coding format made it possible to reduce the size of music files without any significant loss of audible sound quality.

Music 145
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From conceptual art to AI: On the Druet/Cattelan dispute and authorship of works made by someone other than the “author”

The IPKat

La Nona Ora When it comes to contemporary art, I must admit at the outset that there are fewer artists who I find more enticing, fun and provocative than Maurizio Cattelan [see here for the recent Comedian dispute in the US]. Having disclosed this “conflict” on my side, a few days ago the Paris Court of Appeal ruled (5 juin 2024 Cour d'appel de Paris RG n° 22/14922) in a dispute seeing, on the one hand and as defendant, Cattelan himself and, on the other hand and as claimant/appellant, sculptor

Art 138
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An Independent Musician’s Perspective on the TikTok Legislation Before Congress

IP Watchdog

There are many loud voices making a lot of noise about TikTok right now, and as someone who makes “noise” for a living, I thought I’d provide an independent musician’s perspective on the TikTok legislation before Congress: I hope it passes, both as an American and as a music maker. First of all, this bill restricts TikTok, it does not “ban” the app.

Music 141
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USPTO Adapts to CAFC’s New Guidelines: What Design Patent Examiners Need to Know

Patently-O

by Dennis Crouch On May 22, 2024, the day after the Federal Circuit’s en banc LKQ v. GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. The memo, signed by USPTO Director Kathi Vidal, aims to immediately align USPTO practices with the more flexible approach outlined by the Federal Circuit, which eli

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[Audio] PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence: Issues Affecting Creators, Writers and Artists

JD Supra Law

In this episode of Trending Now - An IP Podcast, Janet Cho and Amy Pruett provide an update on recent cases and some of the legal issues involved with using datasets to train AI models.

IP 132
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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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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. A platform sues a web scraper in the Northern District of California for (among others) a breach of its Terms of Service (ToS) —and the platform loses.

Blogging 128
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Government Gaslighting Again?: Unpacking the Uncomfortable Reality of the Online Harms Act

Michael Geist

The Online Harms Act was only introduced two weeks ago, but it already appears the government is ready to run back the same playbook of gaslighting and denials that plagued Bills C-11 and C-18. Those bills, which addressed Internet streaming and news, faced widespread criticism over potential regulation of user content and the prospect of blocked news links on major Internet platforms.

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Meta’s AI Arriving in Europe: Privacy Disputes Concealing Copyright Concerns

Kluwer Copyright Blog

Photo by Ricardo Gomez Angel on Unsplash Since 22 May 2024, Meta has notified to European users of Instagram and Facebook – through in-app notifications and emails – an update of its privacy policy, linked to the upcoming implementation of artificial intelligence (AI) technologies in the area. Indeed, the company already developed and made available some AI features and experiences in other parts of the world, including an assistant called “Meta AI” ( here and here ), built on a large language m

Privacy 119
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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.

Copyright 300
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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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Nintendo Sues ‘Modded Hardware’ and r/SwitchPirates Moderator ‘Archbox’

TorrentFreak

Nintendo is doing everything in its power to stop the public from playing pirated games on the Switch console. The Japanese gaming company won several lawsuits in recent history, shutting down websites that distributed pirated ROMs. Most notable, perhaps, was the criminal referral that resulted in the demise of the infamous hacking group Team-Xecuter.

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Czech court finds that AI tool DALL-E cannot be the author of a copyright work

The IPKat

In a recent judgment (in Czech) which is one of the first of its kind in Europe, the Municipal Court of Prague (the Court) held that an image generated by an AI tool was not capable of being protected by copyright, as it was not authored by a natural person. Background The claimant in this case, which is anonymised in the Court's judgment, had asked the AI program DALL-E to create an image for the claimant's website.

Copyright 145
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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

IP 142
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Women in STEM: Representation Matters

U.S. Department of Commerce

Women in STEM: Representation Matters March 21, 2024 KCPullen@doc.gov Thu, 03/21/2024 - 15:36 ICT Supply Chain Manufacturing Laurie Locascio, the Under Secretary of Commerce for Standards and Technology and director of the National Institute of Standards and Technology (NIST) (Photo taken in 2001). Post by Laurie E. Locascio Growing up as a scientist, I did not see role models who looked like me.

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Navigating the New Frontier: Insurance for Artificial Intelligence Risks

JD Supra Law

On 27 December 2023, The New York Times filed a lawsuit against OpenAI and Microsoft alleging copyright infringement in connection with OpenAI’s popular ChatGPT technology. This lawsuit is part of the first wave of artificial-intelligence-related lawsuits that have targeted some of the biggest technology companies in the world and some of the best-known artificial intelligence (AI) products on the market.

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World Music Day 2024: The History of Music and Copyright

Copyright Alliance

From classical to hip-hop and metal to opera, music is a medium that unites people despite linguistic and cultural barriers. In celebration of World Music Day 2024, we recognize the […] The post World Music Day 2024: The History of Music and Copyright appeared first on Copyright Alliance.

Music 118
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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.

Fair Use 132
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My First Take on the Online Harms Act: Worst of 2021 Plan Now Gone But Digital Safety Commission Regulatory Power a Huge Concern

Michael Geist

After years of delay, the government tabled Bill C-63, the Online Harms Act , earlier today. The bill is really three-in-one: the Online Harms Act that creates new duties for Internet companies and a sprawling new enforcement system, changes to the Criminal Code and Canada Human Rights Act that meet longstanding requests from groups to increase penalties and enforcement against hate but which will raise expression concerns and a flood of complaints, and expansion of mandatory reporting of child

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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Concerns of India and Developing Nations- Part II

SpicyIP

After assessing the requirement to mandatorily disclose the source of genetic resource/ associated traditional knowledge under the recent WIPO treaty, in part II of his post, Dr. Anson CJ takes a look at the implication of this requirement on India. Dr. Anson is an Assistant Professor at the Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kochi and has previously contributed to the blog here.

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Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness

Patently-O

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. LKQ Corp. v. GM Global Tech. Operations LLC , No. 21-2348, slip op. at 15 (Fed. Cir. May 21, 2024) (en banc). The court held that the two-part test’s requirements that 1) the primary reference must be “basically the same” as the claimed design, and 2) any secondary references must be “so related”

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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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TorrentGalaxy Goes Offline With Mysterious Message to Users

TorrentFreak

In little over five years, TorrentGalaxy has grown out to become a leading player in the torrent ecosystem. The site originally set out to ‘ bridge the gap ‘ between torrent and streaming sites, but it became much more than that. With a dedicated group of uploaders and an active community, TorrentGalaxy provided a safe haven for many avid torrenters.

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