Internet Archive’s digital library has been found in breach of copyright. The decision has some important implications; The Conversation, August 22, 2023

Agata Mrva-Montoya, Lecturer, Department of Media and Communications, University of Sydney, The Conversation; Internet Archive’s digital library has been found in breach of copyright. The decision has some important implications

"The outcome of the court case may affect the fate of controlled digital lending more broadly."

Poet and translator to sue British Museum for copyright and moral rights infringement; The Art Newspaper, July 7, 2023

 Anny Shaw, The Art Newspaper; Poet and translator to sue British Museum for copyright and moral rights infringement

"Sharples notes that the legal case will not only focus on copyright, but also Wang’s moral rights, in particular the right to attribution—or the right to be named or identified as the author."

Copyright Infringement Suit Involving Nirvana and Dante’s ‘Inferno’ Illustration Heads to the UK; ArtNews, July 5, 2023

DANIEL CASSADY , ArtNews; Copyright Infringement Suit Involving Nirvana and Dante’s ‘Inferno’ Illustration Heads to the UK

"According to Bundy, not only are Nirvana and Live Nation using her grandfather’s work without permission but they are also claiming ownership of the work and adding copyright notices to the image.

Nirvana and Live Nation’s legal representative told Courthouse News that in the United States the image has been in the public domain since at least 1949. “Resolving the claims will require determinations of complex English and German copyright law issues based on decades-old documents and witnesses in England,” the attorneys added."

ChatGPT: what the law says about who owns the copyright of AI-generated content; The Conversation, April 17, 2023

Sercan Ozcan, University of Portsmouth; Joe Sekhon, Senior Lecturer in Intellectual Property Law, University of Portsmouth; Oleksandra Ozcan, Lecturer, University of Portsmouth, The Conversation; , ChatGPT: what the law says about who owns the copyright of AI-generated content

"The AI chatbot ChatGPT produces content that can appear to have been created by a human. There are many proposed uses for the technology, but its impressive capabilities raise important questions about ownership of the content.

UK legislation has a definition for computer-generated works. Under the Copyright, Designs and Patents Act 1988 they are “generated by computer in circumstances such that there is no human author of the work”. The law suggests content generated by an artificial intelligence (AI) can be protected by copyright. However, the original sources of answers generated by AI chatbots can be difficult to trace – and they might include copyrighted works.

The first question is whether ChatGPT should be allowed to use original content generated by third parties to generate its responses. The second is whether only humans can be credited as the authors of AI-generated content, or whether the AI itself can be regarded as an author – particularly when that output is creative."

Cornish pub will not change name despite letter from Vogue owner; The Guardian, May 13, 2022

Geneva Abdul, The Guardian; Cornish pub will not change name despite letter from Vogue owner

"A new letter was sent to the owners on Friday afternoon in which a Condé Nast lawyer admitted it was a mix-up.

He said: “You are quite correct to note that further research by our team would have identified that we did not need to send such a letter on this occasion.”"

Meghan, Duchess of Sussex to receive confidential sum from UK newspaper for copyright infringement; CNN, January 5, 2022

Niamh Kennedy, CNN; Meghan, Duchess of Sussex to receive confidential sum from UK newspaper for copyright infringement

"The court found ANL infringed Meghan's copyright by publishing extracts of a handwritten letter she sent to her father in The Mail on Sunday newspaper and Mail Online website during hearings in January and May last year, the court order says.

The group is also set to pay the duchess £1 in nominal damages for misuse of private information, according to the court order.

On December 2, the Court of Appeal upheld a ruling that ANL had misused Meghan's private information through their publication of the letter, saying the Duchess had "had a reasonable expectation of privacy in the contents of the letter.""

Russia Is Trying to Steal Virus Vaccine Data, Western Nations Say; The New York Times, July 16, 2020

Julian E. Barnes, The New York Times; Russia Is Trying to Steal Virus Vaccine Data, Western Nations Say

"Chinese government hackers have long focused on stealing intellectual property and technology. Russia has aimed much of its recent cyberespionage, like election interference, at weakening geopolitical rivals and strengthening its hand.

“China is more well known for theft through hacking than Russia, which is of course better now for using hacks for disruption and chaos,” said Laura Rosenberger, a former Obama administration official who now leads the Alliance for Securing Democracy. “But there’s no question that whoever gets to a vaccine first thinks they will have geopolitical advantage, and that’s something I’d expect Russia to want.”"

Proposals for Copyright Law and Education During the COVID-19 Pandemic; infojustice, June 9, 2020

Emily Hudson and Paul Wragg, infojustice; Proposals for Copyright Law and Education During the COVID-19 Pandemic

"Abstract: This article asks whether the catastrophic impact of the COVID-19 pandemic justifies new limitations or interventions in copyright law so that UK educational institutions can continue to serve the needs of their students. It describes the existing copyright landscape and suggests ways in which institutions can rely on exceptions in the CDPA, including fair dealing and the exemption for lending by educational establishments. It then considers the viability of other solutions. It argues that issues caused by the pandemic would not enliven a public interest defence to copyright infringement (to the extent this still exists in UK law) but may be relevant to remedies. It also argues that compulsory licensing, while permissible under international copyright law, would not be a desirable intervention, but that legislative expansion to the existing exceptions, in order to encourage voluntary collective licensing, has a number of attractions. It concludes by observing that the pandemic highlights issues with the prevailing model for academic publishing, and asks whether COVID may encourage universities to embrace in-house and open access publishing more swiftly and for an even greater body of material."

Article 13: UK will not implement EU copyright law; BBC News, January 24, 2020

BBC News; Article 13: UK will not implement EU copyright law

"Universities and Science Minister Chris Skidmore has said that the UK will not implement the EU Copyright Directive after the country leaves the EU.

Several companies have criticised the law, which would hold them accountable for not removing copyrighted content uploaded by users, if it is passed.

EU member states have until 7 June 2021 to implement the new reforms, but the UK will have left the EU by then.

The UK was among 19 nations that initially supported the law.

That was in its final European Council vote in April 2019."

Brexit Update - January 2020; Dehns via Mondaq, January 15, 2020

Clare Mann, Dehns via Mondaq; Brexit Update - January 2020

"On 9 January 2020, MPs voted in favour of the Withdrawal Agreement Bill, the legislation which will implement the Government's proposed Withdrawal Agreement. The Bill has now passed to the House of Lords for further review and it is expected that the Withdrawal Agreement will be ratified by the European Parliament later this month.

The UK is due to leave the EU on 31 January 2020.  Assuming the Withdrawal Agreement is ratified, an 11-month transition period until 31 December 2020 will commence immediately upon the UK's exit, during which the status quo will remain. EU trade mark registrations will continue to have legal effect in the UK during the transition period and UK trade mark attorneys will retain their rights of representation before the EU Intellectual Property Office (EUIPO).

At the end of the transition period, EU trade marks which are fully registered will be automatically cloned in the UK by the creation of comparable UK national rights which will retain the EU filing dates (and any relevant priority/seniority dates). These national rights will be created by the UK Intellectual Property Office free-of-charge.

EU trade marks which are the subject of pending applications when the transition period ends will not be automatically cloned in the UK.  Instead, their owners will have a period of nine months in which to re-file in the UK while retaining the EU filing date and, if appropriate, priority/seniority date(s).  Regular official filing fees will apply."

Intellectual property and Brexit: Guidance on trade marks, designs, patents right law, and exhaustion of IP rights after Brexit.; UK Intellectual Property Office, October 10, 2019

UK Intellectual Property Office;

Intellectual property and Brexit

Guidance on trade marks, designs, patents right law, and exhaustion of IP rights after Brexit.

UK Government Plans To Open Public Transport Data To Third Parties; Forbes, December 31, 2019

Simon Chandler, Forbes; UK Government Plans To Open Public Transport Data To Third Parties

"The launch is a significant victory for big data. Occasionally derided as a faddish megatrend or empty buzzword, the announcement of the Bus Open Data Service shows that national governments are willing to harness masses of data and use them to create new services and economic opportunities. Similarly, it's also a victory for the internet of things, insofar as real-time data from buses will be involved in providing users with up-to-date travel info.

That said, the involvement of big data inevitably invites fears surrounding privacy and surveillance."

A price to be paid for open-access academic publishing; The Guardian, March 13, 2019

Letters, The Guardian; A price to be paid for open-access academic publishing

"The headlong rush towards further adoption of open-access models demands careful thought, says Prof Sarah Kember. Elsevier is a strong supporter of open access, says its vice-president of global policy, Gemma Hersh. The UK has moved further and faster than any other major research funding country, says Stephen Lotinga. It is difficult to find good (unpaid) reviewers for every article in scientific journals, says John Boardman"

The Guardian view on academic publishing: disastrous capitalism Editorial; March 4, 2019

The Guardian; The Guardian view on academic publishing: disastrous capitalism  

Editorial

"In California the state university system has been paying $11m (£8.3m) a year for access to Elsevier journals, but it has just announced that it won’t be renewing these subscriptions. In Britain and Europe the move towards open access publishing has been driven by funding bodies. In some ways it has been very successful. More than half of all British scientific research is now published under open access terms: either freely available from the moment of publication, or paywalled for a year or more so that the publishers can make a profit before being placed on general release.

Yet, somehow, the new system has not yet worked out any cheaper for the universities. Publishers have responded to the demand that they make their product free to readers by charging their writers fees to cover the costs of preparing an article. These range from around £500 to $5,000, and apparently the work gets more expensive the more that publishers do it. A report last year from Professor Adam Tickell pointed out that the costs both of subscriptions and of these “article preparation costs” has been steadily rising at a rate above inflation ever since the UK’s open access policy was adopted in 2012. In some ways the scientific publishing model resembles the economy of the social internet: labour is provided free in exchange for the hope of status, while huge profits are made by a few big firms who run the market places. In both cases, we need a rebalancing of power."
 

The Role Of The Centre For Data Ethics And Innovation - What It Means For The UK; Mondaq, January 22, 2019

Jocelyn S. Paulley and David Brennan, Gowling WLG, Mondaq; The Role Of The Centre For Data Ethics And Innovation - What It Means For The UK

"What is the CDEI's role?

The CDEI will operate as an independent advisor to the government and will be led by an independent board of expert members with three core functions³:

• analysing and anticipating risks and opportunities such as gaps in governance and regulation that could impede the ethical and innovative deployment of data and AI;
• agreeing and articulating best practice such as codes of conduct and standards that can guide ethical and innovative uses of AI; and
• advising government on the need for action including specific policy or regulatory actions required to address or prevent barriers to innovative and ethical uses of data.

As part of providing these functions, the CDEI will operate under the following principles;

• appropriately balance objectives for ethical and innovative uses of data and AI to ensure they deliver the greatest benefit for society and the economy;
• take into account the economic implications of its advice, including the UK's attractiveness as a place to invest in the development of data-driven technologies;
• provide advice that is independent, impartial, proportionate and evidence-based; and
• work closely with existing regulators and other institutions to ensure clarity and consistency of guidance

The CDEI's first project will be exploring the use of data in shaping people's online experiences and investigating the potential for bias in decisions made using algorithms. It will also publish its first strategy document by spring 2019 where it will set out how it proposes to operate with other organisations and other institutions recently announced by the government, namely the AI Council and the Office for AI."

APPLE VS. QUALCOMM: EVERYTHING YOU NEED TO KNOW; Digital Trends, June 20, 2017

Christian de Looper, Digital Trends, APPLE VS. QUALCOMM: EVERYTHING YOU NEED TO KNOW

"Update: We revised this post to reflect the content of Apple’s amended court filings, which allege that Qualcomm’s licensing practices are “illegal” and push back against Qualcomm’s counterclaims. 

Apple and Qualcomm are engaged in what will likely be a yearslong and epic battle. Following news that Qualcomm had been charging heightened royalties for use of its tech, as well as reports indicating Qualcomm required Apple to pay a percentage of the iPhone’s revenue in return for the use of Qualcomm patents, Apple has sued the company in three countries.

In the United States, Apple is suing Qualcomm for a hefty $1 billion — but it has also filed a lawsuit in China for $145 million, as well as in the United Kingdom. Now, Qualcomm is following with its own countersuit (but losing quite a bit of money).

Here’s everything you need to know about the lawsuit battle so far."

Open Data And The Fight Against Disease; HuffPost, June 8, 2017

Adi Gaskell, HuffPost; Open Data And The Fight Against Disease

"Recently the Open Data Barometer produced its fourth analysis of the state of open data around the globe.  The index ranks governments on a range of factors, including the maturity of its open data initiatives, the implementation of open data programs, and the impact those programs have had.

The index, which has the United Kingdom on top of the pile, highlights the variability in open data around the world, both within the developed world but also the developing world.

Nowhere is the importance of open data as critical as in healthcare, and a recent paper from the European Commission highlights some of the benefits, and challenges, of doing so, with a number of fascinating case studies from across Europe."

Paul McCartney Sues Sony to Regain Rights to Beatles Songs; Hollywood Reporter, 1/18/17

Eriq Gardner, Hollywood Reporter; Paul McCartney Sues Sony to Regain Rights to Beatles Songs

"Paul McCartney has filed suit in New York against Sony/ATV and is looking to get a declaratory judgment that states he will soon regain his copyright ownership share to a treasured catalog of songs created as a member of The Beatles.

In what could become one of the most important legal battles in the music industry this decade, the iconic songwriter is looking to leverage the termination provisions of the Copyright Act.

In 1976, Congress increased the period that works are under copyright protection, and, in recognition of authors who had signed over their rights to publishers and studios without much bargaining power, allowed such authors 35 years hence to reclaim rights in the latter stages of a copyright term."

There is no shortage of open data. The question is, is anyone using it?; Computer Weekly, 1/9/17

Jonathan Stoneman, Computer Weekly; There is no shortage of open data. The question is, is anyone using it?

"Why publishing data is not enough

So there is no shortage of open data – but is anyone using it? The UK government’s data portal, data.gov.uk, currently shows 36,552 published datasets available, and just over 30,000 of those have an open government licence. There are 6,444 more without a licence and, intriguingly, a further 3,664 are listed as “unpublished”.

Some 1,401 government departments, including local government and agencies, are listed as “publishers”. Two million datasets were downloaded in 2016, but 11,481 – 31% of the whole collection – were not, not even once.

The UK government sees publication as a measure in itself."

Patents – A Novel and Inventive Approach to Brexit?; National Law Review, 11/28/16

Carl a. Rohsler and Florian Traub, National Law Review; Patents – A Novel and Inventive Approach to Brexit? :

"The announcement on Monday afternoon by the UK Government that it intended to proceed with the ratification of the Unified Patent Court Agreement (UPCA) took almost all commentators by complete surprise. It was commonly believed that Brexit would either completely destroy, or at least significantly delay, the introduction of the Unitary Patent and the Unified Patent Court. After all, the UK was going to leave the EU and it seemed nonsensical that it would continue to play an active role in supporting treaties that would have a profound effect on the EU just at the time that it was planning to leave the party."