Why Does the U.S. Copyright Office Require Libraries to Lie to Users about Their Fair Use Rights? They Won’t Say.; The Scholarly Kitchen, July 5, 2023

RICK ANDERSON, The Scholarly Kitchen; Why Does the U.S. Copyright Office Require Libraries to Lie to Users about Their Fair Use Rights? They Won’t Say.

"Let’s be clear about what the problem is here. It’s not that patrons who use library-provided copies of copyrighted works in a manner beyond the scope of “private study, scholarship, or research” are in legal danger if their use falls within the full range of the fair use provisions in section 107. Again, the language of section 108 makes it very clear that owners of such copies are entirely within their rights to make full (fair) use of them, regardless of what the copyright warning notice prescribed by the Copyright Office says. The problem is that the Copyright Office, under color of authority ostensibly assigned to it by statute, requires libraries to misinform patrons about their rights. Although library patrons are in reality free to make full fair use of copies we provide them (or copies they make on our premises), we must tell them – every time they make or request a copy from us – that they have only a small subset of those rights.

How much does this disinformation end up constraining patrons’ exercise of their full rights under the law? It’s impossible to know, of course. But as a profession that sees itself at the vanguard of the fight against both mis- and disinformation, it certainly should rankle us that we’ve been drafted into a disinformation campaign that affects so many information seekers so directly.

It should rankle us even more that the U.S. Copyright Office, the very entity that has created this issue and is uniquely empowered to fix it, seems to have no interest in doing so. I hope my library colleagues (and everyone else who cares about libraries and archives, and about fair use) will join me in calling on the Copyright Office to change the language of its prescribed copyright warning notice, bringing it into full conformity with what the law actually says. (I’ve created an online petition for this purpose, and encourage all interested to sign it.)"

Twitter is threatening to sue Meta over Threads; Semafor, July 6, 2023

 Max Tani, Semarfor; Twitter is threatening to sue Meta over Threads

"Twitter is threatening legal action against Meta over its new text-based “Twitter killer” platform, accusing the social media giant of poaching former employees to create a “copycat” application.

On Wednesday, Instagram parent company Meta introduced Threads, a text-based companion to Instagram that resembles Twitter and other text-based social platforms. Just hours later, a lawyer for Twitter, Alex Spiro, sent a letter to Meta CEO Mark Zuckerberg accusing the company of engaging in “systematic, willful, and unlawful misappropriation of Twitter’s trade secrets and other intellectual property.”

“Twitter intends to strictly enforce its intellectual property rights, and demands that Meta take immediate steps to stop using any Twitter trade secrets or other highly confidential information,” Spiro wrote in a letter obtained exclusively by Semafor. “Twitter reserves all rights, including, but not limited to, the right to seek both civil remedies and injunctive relief without further notice to prevent any further retention, disclosure, or use of its intellectual property by Meta.”

Spiro accused Meta of hiring dozens of former Twitter employees who “had and continue to have access to Twitter’s trade secrets and other highly confidential information.”

'Peaky Blinders' creators blast DeSantis for copyright violation in controversial ad; UPI, 7/5/23

 Adam Schrader, UPI; 'Peaky Blinders' creators blast DeSantis for copyright violation in controversial ad

"The production team for the hit series Peaky Blinders has ripped Ron DeSantis for copyright violation after the Florida governor used a clip of Cillian Murphy's character in the show without license or permission...

The video, which lasts just over a minute, criticizes Trump for seemingly supporting multiple gay-rights topics, as well as selling "LGBTQ for Trump" shirts, saying he would allow Caitlyn Jenner to use the bathroom at Trump Tower and for celebrating Pride Month in a 2019 tweet. Midway through, the video switches to a meme-filled, music-driven celebration of all the steps DeSantis has made to strip people of their rights in Florida.

The bizarre clip includes several extremely quick shots of Murphy as Thomas Shelby, the fictional boss of a brutal crime family in Britain in the 1920s, smoking a cigarette as if comparing DeSantis' leadership style with that of a criminal."

The copyright battles against OpenAI have begun; Quartz, July 6. 2023

Faustine Ngila, Quartz; The copyright battles against OpenAI have begun

Let the AI copyright battles begin... 

"With this latest lawsuit from Tremblay and Awad, regulators and courts will be tasked with mulling over the rules of copyright with regards to AI. They may require generative AI companies to disclose how and where they sourced their training data, letting the world peek inside the black box of these AI systems for the very first time."

Trump Lawyers Argue Copyright Suit Against Woodward, S&S Should Proceed; Publishers Weekly, July 3, 2023

Andrew Albanese, Forbes ; Trump Lawyers Argue Copyright Suit Against Woodward, S&S Should Proceed

"In a filing last week, lawyers for former president Donald Trump argued that Trump's $50 million copyright lawsuit against bestselling author Bob Woodward and publisher Simon & Schuster over the audiobook, The Trump Tapes: The Historical Record, should be allowed to proceed...

Trump's latest filing comes in response to a motion to dismiss by Woodward and S&S, which, among its arguments, insists that because the interviews were conducted while Trump was acting in his capacity as president of the United States, Trump holds no copyright interest in them. Trump's claim "offends the basic principle codified in the Copyright Act that government officials cannot own the words they speak while carrying out official duties," lawyers for Woodward and S&S argue, adding that "President Trump’s unprecedented effort to extract private benefit from his public duties should be dismissed in its entirety.""

Little-known N.J. baby retailer tentatively wins rights to Buy Buy Baby's IP for $15.5 million; CNBC via NBC, July 3, 2023

Gabrielle Fonrouge, CNBC via NBC; Little-known N.J. baby retailer tentatively wins rights to Buy Buy Baby's IP for $15.5 million

"Dream on Me Industries, which sells cribs, strollers and other baby goods through a host of retail partners, won the Wednesday auction with a bid price of $15.5 million, court records filed Friday say. The acquired assets include Buy Buy Baby’s intellectual property, business data, internet properties and mobile platform, the records say...

Dream on Me’s win is only tentative. If Bed Bath & Beyond receives a higher bid at the upcoming auction, it could lose the rights to Buy Buy Baby’s intellectual proper"

Generative AI in Games Will Create a Copyright Crisis; Wired, July 4, 2023

 WILL BEDINGFIELD, Wired; Generative AI in Games Will Create a Copyright Crisis

"As lame as this story is, it hints at a knotty copyright issue the games industry is only just beginning to unravel. I’ve created a story using my imagination—but to do that I’ve used an AI helper. So who wrote the tale? And who gets paid for the work?"

Motion Picture Association and Korea Copyright Protection Partner to Quash Asia-Pacific Digital Piracy; Variety, July 3, 2023

Charna Flam, Variety ; Motion Picture Association and Korea Copyright Protection Partner to Quash Asia-Pacific Digital Piracy

"The Korea Copyright Protection Agency (KCOPA) and the Motion Picture Association (MPA), which established Alliance for Creativity and Entertainment (ACE) as its content-protection arm and anti-piracy coalition, signed a memorandum of understanding (MOU) on June 28 in a joint effort to fight digital theft in the Asia-Pacific region.

The agreement outlines that KCOPA and ACE will work together to bring awareness to intellectual property rights and provide actionable information on digital piracy, which, while long an issue, has become a rampant global problem now attributed to the ever-expanding number of subscription streaming services.

The two agencies will convene once a year to exchange information on piracy trends, challenges and solutions, as well as co-host training and awareness events to teach attendees about the types ad frequency of piracy taking place within the Asia-Pacific region."

“I Have a Problem With the Stealing of My Material”: A Common Rallying Cry Emerges On AI; The Hollywood Reporter, July 3, 2023

BY WINSTON CHO , The Hollywood Reporter; “I Have a Problem With the Stealing of My Material”: A Common Rallying Cry Emerges On AI

"In a hearing before the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet examining the intersection of AI and copyright law, key players in Hollywood moved for guardrails to protect their work. “The rapid introduction of generative AI systems is seen as an existential threat to the livelihood and continuance of our creative professions unless immediate steps are taken on legal interpretive and economic fronts to address these emerging issues,” said Ashley Irwin, president of the Society of Composers and Lyricists (SCL), at the hearing on May 17. “It’s essential to prioritize policies and regulations to safeguard the intellectual property and copyright of creators and preserve the diverse and dynamic U.S cultural landscape.”"

ChatGPT Maker OpenAI Accused of Misusing Personal, Copyrighted Data; The San Francisco Standard, June 30, 2023

Kevin Truong, The San Francisco Standard; ChatGPT Maker OpenAI Accused of Misusing Personal, Copyrighted Data

"The suit alleges that ChatGPT utilizes "stolen private information, including personally identifiable information, from hundreds of millions of internet users, including children of all ages, without their informed consent or knowledge."

The complaint states that by using this data, OpenAI and its related entities have enough information to replicate digital clones, encourage people's "professional obsolescence" and "obliterate privacy as we know it."

The complaint lists several plaintiffs identified by their initials, including a software engineer who claims that his online posts around technical questions could be used to eliminate his job, a 6-year-old who used a microphone to interact with ChatGPT and allegedly had his data harvested, and an actor who claims that OpenAI stole personal data from online applications to train its system."

Bestselling authors Mona Awad and Paul Tremblay sue OpenAI over copyright infringement; The Los Angeles Times, July 1, 2023

EMILY ST. MARTIN, The Los Angeles Times; Bestselling authors Mona Awad and Paul Tremblay sue OpenAI over copyright infringement

"Two bestselling novelists filed a suit against OpenAI in a San Francisco federal court on Wednesday, claiming in a proposed class action that the company used copyright-protected intellectual property to “train” its artificial intelligence chatbot.

Authors Mona Awad and Paul Tremblay claim that ChatGPT was trained in part by “ingesting” their novels without their consent."

AMP v. Myriad: The Fight to Take Back Our Genes; ACLU, June 13, 2023

 Lora Strum , ACLU; AMP v. Myriad: The Fight to Take Back Our Genes

"Ten years after the Supreme Court invalidated the patents on two human genes in AMP v. Myriad, we revisit the landmark case amid renewed calls for gene patenting."

Are Samples Copyright Free?; Hot New Hip Hop, June 30, 2023

Jake Skudder, Hot New Hip Hop; Are Samples Copyright Free?

"Conclusion: Navigating The Complex World Of Sampling

In summary, samples are not inherently copyright free. To use a sample legally, one must either clear the sample by obtaining permission from the copyright holder or qualify for fair use. Alternatively, one can opt for royalty-free samples to avoid traditional potential costs. As with all legal matters, it’s always advisable to consult a legal professional to ensure compliance with copyright law when using samples in music production. This will ensure that creativity can continue growing without potential legal traps."

Jeff Koons, sculptor each claim advantage after Warhol copyright decision; Reuters, June 30, 2023

 Blake Brittain, Reuters; Jeff Koons, sculptor each claim advantage after Warhol copyright decision

"Famed pop artist Jeff Koons and artist Michael Hayden both told a Manhattan federal court on Friday that a recent U.S. Supreme Court decision involving Andy Warhol supports their position in a copyright fight over a stone platform that Koons allegedly misused in his work."

Copyright Office: Sorry, but you probably can’t protect your AI-generated art; Fast Company, June 30, 2023

JESUS DIAZ, Fast Company; Copyright Office: Sorry, but you probably can’t protect your AI-generated art

"Well, there’s nothing to see here, folks. You don’t need any of the generative AI tools in our weekly roundup because they will produce stuff you don’t really own. At least that’s what the United States Copyright Office (USCO) says. The federal agency doubled down on its AI doctrine during a recent webinar, labeling anything produced by AI as “unclaimable material.”

In other words, anything that comes out of an AI program can’t be protected under copyright law and will not be accepted even if it’s included in a work created by a human. So those extra trees and mountains you added to your landscape photo with Photoshop Firefly beta? They are not yours, sorry.”

Robert Kasunic of the USCO says, “The Office will refuse to register works entirely generated by AI. Human authorship is a precondition to copyrightability.” But it’s more complicated than that. As Petapixel reports, USCO will register your images if they are modified with AI, but you will have to declare which parts are made using AI, making them “unclaimable, essentially discounting them” from the copyright protection. Kasunic went on to say that USCO believes that using any AI to generate content is akin to giving instructions to a commissioned artist.

How will USCO enforce this policy in a world where generative AI work is practically undetectable? It’s a question that only has one obvious answer: LOL."

Overstock Sees a Future in Calling Itself Bed Bath & Beyond; The New York Times, June 28, 2023

 Jordyn Holman, The New York Times ; Overstock Sees a Future in Calling Itself Bed Bath & Beyond

"Overstock, which last week paid $21.5 million to acquire the bankrupt retailer’s intellectual property, said on Wednesday that it would start operating its website under the Bed Bath & Beyond name."

Libraries announces July workshops for scholarly communications, copyright; Penn State, June 29, 2023

Penn State ; Libraries announces July workshops for scholarly communications, copyright

"Beginning July 11, Penn State University Libraries will offer virtual workshops on scholarly communications and copyright topics for students, faculty and staff. The workshops include a two-part Introduction to Copyright, a session on Penn State’s open access policy, and a workshop about copyright for authors of theses and dissertations.

Registration is free but required for all workshops. To register, please follow the links listed with each session, or contact Ana Enriquez, scholarly communications outreach librarian, at enriquez@psu.edu."

U.S. Copyright Office Generative AI Event: Three Key Takeaways; IP Watchdog, June 29, 2023

 FRANKLIN GRAVES, IP Watchdog; U.S. Copyright Office Generative AI Event: Three Key Takeaways

"There’s a need for guidance and insight when it comes to the use of AI and ML technologies, including generative AI technologies, as evidenced by the more than 150 audience questions received during the live stream. The Office also noted that 1,500 people attended the virtual meeting. While the event focused exclusively on registration and protection of the output of generative AI tools, it’s important to remember there are additional issues along the entire lifecycle of generative AI.

At the end of the event, the USCO announced its next public webinar, “International Copyright Issues and Artificial Intelligence,” scheduled for July 26, 2023. The discussion will cover not only authorship but also training and infringement. Additionally, the event will feature leading international experts, including Columbia Law School’s Jane Ginsburg, the University of Sussex’s Andres Guadamuz, the University of Amsterdam’s Bernt Hugenholtz, and KU Leuven’s Luca Schirru, and the Universitat Oberta de Catalunya’s Raquel Xalabarder Plantada."

Authors Sue OpenAI Claiming Mass Copyright Infringement of Hundreds of Thousands of Novels; The Hollywood Reporter, June 29, 2023

WINSTON CHO, The Hollywood Reporter; Authors Sue OpenAI Claiming Mass Copyright Infringement of Hundreds of Thousands of Novels

"Another lawsuit has been filed against OpenAI over its unauthorized collection of information across the web to train its artificial intelligence chatbot, this time by authors who say ChatGPT infringes on copyrights to their novels.

The proposed class action filed in San Francisco federal court on Wednesday alleges that OpenAI “relied on harvesting mass quantities” of copyright-protected works “without consent, without credit, and without compensation.” It seeks a court order that the company infringed on writers’ works when it illegally downloaded copies of novels to train its AI system and that ChatGPT’s answers constitute infringement."

Generative AI’s Intellectual Property Problem Heats Up AIs producing art or inventions have to navigate a hostile legal landscape, and a consensus is far away; IEEE Spectrum, June 13, 2023

RAHUL RAO, IEEE Spectrum; 

Generative AI’s Intellectual Property Problem Heats Up  AIs producing art or inventions have to navigate a hostile legal landscape, and a consensus is far away

"Walsh and Alexandra George, a patent law scholar at the University of New South Wales, suggested future-proofing the patent system by sorting AI-generated inventions into a category they named “AI-IP.” Patents under AI-IP would last for less time than traditional patents and possibly give a share to AI model developers or training data owners.

But, especially in a future where AI becomes ubiqutious, any categorization method likely runs against a question, one with no consensus answer: What, if anything, separates a human creation from an AI creation?"

AI Can Actually Help Protect Creativity and Copyrights: Guest Post by Reservoir Music CEO Golnar Khosrowshahi; Variety, June 28, 2023

Golnar Khosrowshahi, Variety ; AI Can Actually Help Protect Creativity and Copyrights: Guest Post by Reservoir Music CEO Golnar Khosrowshahi

"Used correctly, AI can actually help us preserve and protect copyright — versus the present fear of usurping it. Through audio fingerprinting, AI tools that verify authorship in real time will help reduce the unnecessary litigation that can be based on subjective interpretations or human error. AI will also equip both owners and distributors of content (i.e. streaming services) with significant changes in how we classify and catalog music (e.g., the micro categories that we can use to further define characteristics and attributes of songs). Not only can we then better understand the music, but we can also be more efficient at micro licensing, delving into why listeners love what they love, both in the moment in the context of a trend, and over time when it comes to standards and classics...

In any event, we first need to make sure that the ingestion of copyrights that enable AI is adequately policed and paid for, which is where a lot of important discussion and focus is today.  Advocating for rights holders and copyright protection is a routine part of our business, and regardless of whether an infringer is human or artificial doesn’t change our steadfast mission in upholding creators’ rights...

I have faith that the creators who have built this industry will continue to be the human driving force behind the art and connections we experience. I have faith the tools will help propel those creators and rights holders to new heights. I have faith in the protection of copyright through policy and legislation, and I have faith in the industry’s historic precedence of uncharted progress and success achieved in the face of technologic disruption.

So to those who fear the AI invasion, I say: keep calm, meet it head on and create something totally new, as only we humans can."

Copyright Office Refuses to ‘Register Works Entirely Generated by AI’; Peta Pixel, June 28, 2023

 MATT GROWCOOT, PetaPixel; Copyright Office Refuses to ‘Register Works Entirely Generated by AI’

"The United States Copyright Office (USCO) has doubled down on its stance regarding artificial intelligence (AI), stating unequivocally that it will not register works generated entirely by AI.

In a webinar today, the Copyright Office states clearly that it views AI-generated content as “unclaimable material” ranking it alongside other unclaimable material such as previously published material, previously registered material, public domain material, and copyright material owned by another party. 

“The Office will refuse to register works entirely generated by AI,” says Robert Kasunic of the USCO. “Human authorship is a precondition to copyrightability.”

It means there is no change since March when the Office issued guidance where it likened text prompts to “instructions to a commissioned artist.” Essentially comparing them to a magazine editor hiring a photographer.

“Today’s webinar made a few things clear: 1) Appreciable Human Authorship is still the main requirement of copyrightability; 2) the USCO is expecting applicants to become much more comfortable with the procedure to disclaim materials,” says Thomas Maddrey of the American Media Society of Photographers (ASMP)."

International Copyright Issues and Artificial Intelligence; U.S. Copyright Office, Webinar: Wednesday, July 26, 2023, 11:00 a.m.–1:00 p.m. eastern time

 U.S. Copyright Office; International Copyright Issues and Artificial Intelligence Webinar

"The United States is not alone in facing challenging questions about artificial intelligence and its implications for copyright law and policy. On July 26, 2023, join the Copyright Office for a discussion on global perspectives on copyright and AI. Leading international experts will discuss how other countries are approaching copyright questions such as authorship, training, exceptions and limitations, and infringement. They will provide an overview of legislative developments in other regions and highlight possible areas of convergence and divergence involving generative AI.

This webinar is a part of the Copyright Office’s initiative to examine copyright law and policy issues raised by AI technology, including the scope of copyright in works generated using AI tools and the use of copyrighted materials in AI training. For more on copyright and AI, visit copyright.gov/ai.

Time: July 26, 2023, 11:00 a.m.–1:00 p.m. eastern time

Speakers:

• Jane Ginsburg, Columbia Law School
• Andres Guadamuz, University of Sussex
• Bernt Hugenholtz, University of Amsterdam
• Matthew Sag, Emory University School of Law
• Luca Schirru, KU Leuven
• Marcus von Welser, Vossius
• Raquel Xalabarder Plantada, Universitat Oberta de Catalunya
• Shlomit Yanisky-Ravid, Ono Academic College
• Peter Yu, Texas A&M University School of Law"

US judge facing competency probe asks court to block her suspension; Reuters, June 27, 2023

Blake Brittain , Reuters; US judge facing competency probe asks court to block her suspension

"Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit asked a Washington, D.C., district court on Tuesday for an order revoking her suspension from hearing cases amid an investigation into her competency and conduct.

The 96-year-old judge said in a court filing that her suspension without a misconduct finding is unconstitutional and repeated her argument that she is fit to serve, citing a recent neurological exam that she said "revealed no significant cognitive deficits.""

Colleagues want a 95-year-old judge to retire. She’s suing them instead.; The Washington Post, June 5, 2023

Rachel Weiner , The Washington Post; Colleagues want a 95-year-old judge to retire. She’s suing them instead.

"Newman’s refusal to quit on anyone else’s terms served her early in her career. Three decades after her mother marched for the right to vote, Newman decided she would be a doctor. No medical school accepted her. She went to graduate school at Yale for chemistry instead; no chemical firm would hire her except American Cyanamid. She was the only female research scientist there, and her bosses tried to force her into becoming a librarian until she threatened to walk out.

She would later receive her own patents for colorful, dirt-resistant synthetic fabric she helped invent. But after three years, Newman took her savings and bought a ticket on a boat to Paris, where she supported herself by mixing drinks on the Île Saint-Louis.

Six months later, “totally destitute,” Newman came back to the United States and found “a job that I knew no respectable scientist would take, and that was writing patent applications,” she told female law students at New York University in 2013. Soon, she was a patent lawyer. The next time she went to Paris, it was as a science policy specialist for the United Nations, again the only woman in her professional association. On her office desk sits a mug from a bar she could not enter during her time at NYU Law — it reads “Good ale, raw onions, and no ladies.”"

Using AI to Create a Work – Copyright Protection and Infringement; JD Supra, June 27, 2023

Amy Goldsmith, Janet Linn, Tarter Krinsky & Drogin LLP, JD Supra; Using AI to Create a Work – Copyright Protection and Infringement

"Requirements For Past and Current Copyright Applications

Applicants are now required to disclose in their applications any AI-generated content and provide a brief explanation of the human author’s contribution. Any AI-generated content that is more than a tiny portion of the work must be explicitly excluded.

Pending applications must be corrected to conform to the new regulations. Applicants will need to contact the Copyright Office’s Public Information Office should a pending application not adequately disclose any AI-generated content.

For works already registered containing AI-generated material, a supplementary registration will be required describing the original material created by the human author and disclaiming the AI-generated material. Works with sufficient human authorship will be issued a supplementary registration certificate with a disclaimer of the AI-generated content."

Taco John’s responds to Taco Bell’s Taco Tuesday lawsuit; CNN, June 26, 2023

 Jordan Valinsky, CNN; Taco John’s responds to Taco Bell’s Taco Tuesday lawsuit

"Last month, Taco Bell filed a petition with the US Patent and Trademark office to cancel the trademark owned by rival Taco John’s for 34 years because Taco Bell claims the commonly used phrase “should be freely available to all who make, sell, eat and celebrate tacos.” Since Taco John’s holds the trademark, other restaurants and companies must seek permission to use “Taco Tuesday” in branding and advertising.

The use of the phrase “potentially subjects Taco Bell and anyone else who wants to share tacos with the world to the possibility of legal action or angry letters if they say ‘Taco Tuesday’ without express permission from [Taco John’s] — simply for pursuing happiness on a Tuesday,” the original filing said.

In response, Taco John’s said it “has the right to enforce its trademark rights against infringers and those who want to infringe, including Taco Bell,” adding that it “denies that enforcing its trademark rights against infringers who seek to profit from the goodwill that Spicy Seasonings and its licensees … have created over the last forty-four years violates any American ideal.”"

Open Education Week shines light on implementing UNESCO OER Recommendation best practices; UNESCO, March 20, 2023

UNESCO; Open Education Week shines light on implementing UNESCO OER Recommendation best practices

"Background: OER Dynamic Coalition and Open Education Week

Following the adoption of the UNESCO OER Recommendation by Member States at the 40th Session of the UNESCO General Conference in November 2019, the OER Dynamic Coalition was formed. The Dynamic Coalition’s goal is to assists governments in implementing the OER Recommendation by promoting and strengthening international and regional cooperation among all stakeholders in the first four areas of the UNESCO OER Recommendation. 

Open Education Week began in 2012 as a collaborative, community-built open forum by Open Education Global. Every year, OE Week raises awareness and celebrates innovative open education successes around the world."

ChatGPT and Generative AI Are Hits! Can Copyright Law Stop Them?; Bloomberg Law, June 26, 2023

Kirby Ferguson, Bloomberg Law; ChatGPT and Generative AI Are Hits! Can Copyright Law Stop Them?

"Getty Images, a top supplier of visual content for license, has sued two of the leading companies offering generative AI tools. Will intellectual property laws spell doom for the burgeoning generative AI business? We explore the brewing battle over copyright and AI in this video. 

Video features: 

• Riddhi Setty, Bloomberg Law IP reporter
• Ian B. Crosby, Susman Godfrey partner
• Mark A. Lemley, Standford Law School professor of tech and IP law"

The Copyright Claims Board Celebrates Its First Year; Library of Congress Blogs, Copyright Creativity At Work, June 26, 2023

Holland Gormley,  Library of Congress Blogs, Copyright Creativity At Work; The Copyright Claims Board Celebrates Its First Year

"This month marks a full year since the Copyright Claims Board (CCB) became available to the public, providing an efficient, streamlined way to resolve copyright claims involving damages of up to $30,000. Over the past twelve months, the CCB has delivered on the Copyright Office’s Copyright for All goal to expand access to justice and to make the copyright system as understandable and accessible to as many members of the public as possible. Let’s break down some of our milestones and review how we have created a truly accessible copyright tribunal."

Fair use protection against copyright infringement claims just got smaller; Richmond Times-Dispatch, June 24, 2023

John Farmer , Richmond Times-Dispatch; Fair use protection against copyright infringement claims just got smaller

"Now, the borrowing artist must focus on whether the original work and the borrower’s rendition might be used for the same purpose. If the purposes are the same, such as artwork for a company’s blog post, and if the company is for-profit, there is a high risk that the borrowing isn’t fair use."

US cyber ambassador says China knows how to steal its way to dominance of cloud and AI; The Register, June 23, 2023

 Simon Sharwood, The Register; US cyber ambassador says China knows how to steal its way to dominance of cloud and AI

"China has a playbook to use IP theft to seize leadership in cloud computing, and other nations should band together to stop that happening, according to Nathaniel C. Fick, the US ambassador-at-large for cyberspace and digital policy.

Speaking at an event hosted by think tank Hudson Institute, Fick said 30 years ago democratic nations felt they had an "unassailable global advantage in telecoms" thanks to the strength of outfits like Ericsson, Nokia, Samsung, Motorola, Bell Labs, Alcatel and Lucent.

But he feels those titans became complacent, governments stopped watching the tech develop, and "I don't think we appreciated or acted on the reality that these technologies were going to be central to our geopolitical standing."

But China noticed. And it "executed a deliberate strategy of IP theft and government subsidies."

Webinar: Registration Guidance for Works Containing AI-generated Content; U.S. Copyright Office, Wednesday, June 28, 2023 2 PM EDT

 U.S. Copyright Office; Webinar: Registration Guidance for Works Containing AI-generated Content

"Breakthroughs in generative AI technology have prompted growing curiosity about the registrability of works containing AI-generated material. On June 28, 2023, join the Copyright Office to learn about how the Office evaluates applications to register these types of works. Experts will walk attendees through the Office’s March 2023 Registration Guidance: Works Containing Material Generated by Artificial Intelligence and answer some frequently asked questions. At the end of the presentation, attendees will have an opportunity to submit questions to the Office’s experts.

Time: June 28, 2023, 2pm ET

Speakers:

• Rob Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice
• Erik Bertin, Deputy Director of Registration Policy and Practice"

Mattel once sued over the ‘Barbie Girl’ song — before learning to love it; The Washington Post, June 23, 2023

 Jennifer Hassan, The Washington Post; Mattel once sued over the ‘Barbie Girl’ song — before learning to love it

"“Mattel lost all those cases and got the message,” Tushnet said. “These were important precedents protecting commentary at a time when the internet was just allowing people to reach larger audiences without traditional gatekeepers. Then the ‘Barbie Girl’ case confirmed that traditional, commercial media also had the freedom to parody and comment on well-known trademarks.”"

Fresh blow for Meghan Markle and Prince Harry as Archetypes patent bid fails amid Kate Middleton rumours; Scottish Daily Express, June 22, 2023

Douglas Dickie,  Scottish Daily Express; Fresh blow for Meghan Markle and Prince Harry as Archetypes patent bid fails amid Kate Middleton rumours

"Prince Harry and Meghan Markle have been dealt a fresh blow after an attempt to trademark their Archetypes podcast failed. The Sussexes had hoped to bag exclusive rights to the name as they look to find a new platform for it after splitting with Spotify.

But their hopes were dashed by the US Patent and Trademark Office which refused to grant the request due to potential confusion with an existing company. Meghan had produced just 12 episodes and a Christmas special of Archetypes for Spotify before the £18 million deal was ended...

However, it emerged that a trademark for Archetypes LLC already existed. An Arizonian firm claimed it in 2015 for use in a series of books and articles about "nutrition, fitness, sexuality, psychological self-improvement"."

British Museum Removes Writer’s Translations of Chinese Poetry After Being Accused of Copyright Infringement; ArtNews, June 21, 2023

Karen K. Ho,  ArtNews; British Museum Removes Writer’s Translations of Chinese Poetry After Being Accused of Copyright Infringement

"The British Museum has removed translations of poetry by a Chinese revolutionary from one of its exhibitions after a translator alleged that her work was used without permission or payment. 

Vancouver-based editor, poet, and translator Yilin Wang said she did not receive any credit or reimbursement for their translations when they appeared in “China’s Hidden Century,” which opened on May 18 and includes translations of poetry by Qiu Jin, a feminist and revolutionary that the New York Times dubbed “China’s Joan of Arc.”...

On June 21, the British Museum’s spokesperson sent ARTnews a statement that said, “Recently we realised that permissions and acknowledgement for a translation by Yilin Wang had been inadvertently omitted from our exhibition China’s hidden century. This was an unintentional human error for which the Museum has apologised to Yilin Wang.”

The statement confirmed that the museum listened to Wang’s request to take down their translations in the exhibition. “We have also offered financial payment for the period the translations appeared in the exhibition as well as for the continued use of quotations from their translations in the exhibition catalogue. The catalogue includes an acknowledgement of their work. We continue to be in discussion with Yilin Wang.”

The museum’s statement also called the criticism its staff has recently received on social media “unacceptable,” noting, “It is through their scholarship and efforts, and those of their collaborators, that we have been able to present this period of Chinese history, through people-centred stories, to the thousands visiting the China’s hidden century temporary exhibition at the British Museum. We stand behind our colleagues fully and request those responsible for these personal attacks to desist as we work with Yilin Wang to resolve the issues they have raised concerning the use of their translations within the exhibition.”"

‘Transformative’ journals get booted for switching to open access too slowly; Science, June 20, 2023

JEFFREY BRAINARD, Science; ‘Transformative’ journals get booted for switching to open access too slowly

"Two-thirds of the more than 2300 scientific journals participating in a program designed to flip them to open access (OA) failed to meet prescribed targets for progress in 2022. As a result, the Coalition S group of research funders behind the initiative announced today that it will remove these journals from the program at the end of the year. The funders will no longer pay the fees these journals charge authors for OA publication, although scholars may still publish OA articles in these titles if they pay using other funding sources."

Apple is trying to trademark depictions of actual apples; Mashable, June 19, 2023

 Cecily Mauran, Mashable; Apple is trying to trademark depictions of actual apples

"The ripple effects of Apple winning its legal battle would extend far beyond the tech world. The Fruit Union Suisse, a 111-year-old organisation, has a logo featuring a red apple with a white Swiss cross superimposed on it. But now the association could find itself in the position of having to change its logo because the FUS says Apple wants IP rights to all depictions of apples in general — not just the apple with the bite in it like Apple's iconic logo.

"We have a hard time understanding this, because it’s not like they’re trying to protect their bitten apple," Jimmy Mariethoz, director of FUS, said to Wired. "Their objective here is really to own the rights to an actual apple, which, for us, is something that is really almost universal … that should be free for everyone to use.""

Why Your Face Should Be a Trade Secret; University of Virginia School of Law, March 23, 2023

Mary Wood, University of Virginia School of Law; Why Your Face Should Be a Trade Secret

"Facial recognition technology is used to unlock phones, unlock doors of luxury homes and lock up criminals. It’s so powerful and rife with the potential to be misused that regulators should treat faces like trade secrets, says Professor Elizabeth A. Rowe on the season finale of “Common Law,” a podcast of the University of Virginia School of Law.

Rowe, one of the world’s leading experts on trade secrets and intellectual property, talks with hosts Dean Risa Goluboff and Professor Danielle Citron about her paper “Regulating Facial Recognition Technology in the Private Sector,” published recently in the Stanford Technology Law Review.

Rowe details not only how private corporations and governments are using facial recognition technology, but offers a glimpse at more extreme cases."

Reexamining "Fair Use" in the Age of AI; Stanford University Human-Centered Artificial Intelligence (HAI), June 5, 2023

Andrew Myers

,  Stanford University Human-Centered Artificial Intelligence (HAI; Reexamining "Fair Use" in the Age of AI

"Most lay people haven’t given a second thought to the fact that most of the words and images in datasets behind artificial intelligent agents like Chat-GPT and DALL-E are copyrighted, but Peter Henderson thinks about it — a lot. 

“There’s a lot to think about,” says Peter Henderson, a JD/PhD candidate at Stanford University and co-author of the recent paper, Foundation Models and Fair Use, laying out a complicated landscape...

Establishing New Guardrails

Henderson does have some recommendations for coming to grips with this growing concern. The first guardrail is technical. The makers of AI can install fair use filters that try to determine when the generated work — a chapter in the style of J.K. Rowling, for instance, or a song reminiscent of Taylor Swift — is a little too much like the original and begins to infringe on fair use."

10 things to know about copyright and software; Lexology, June 20, 2023

Gowling WLG - Matt Hervey , Lexology; 10 things to know about copyright and software

"8. Other people can copy what your software does …

You can enforce your copyright against someone copying your code, not copying what your software does. Copyright protection only applies to "expression" not ideas and principles. Under UK and EU law, if someone has lawful access to your software (e.g. someone you have licensed to use it) they are entitled to study and test the way it functions to figure out (and copy) the ideas and principles underlying the software. In fact, any contractual provision to the contrary is null and void.

9. … so consider patent protection

Unlike copyright, patents grant you a 20-year monopoly over what your software does: you can stop other people doing the same thing and it does not matter whether they copied you or came up with the same idea independently. Getting patents for software is not straightforward and needs specialist advice on what is possible. You may also want to check if other people have patents covering what you want to do. Our Patents team can advise you on any challenges you face in a number of jurisdictions.

10. … and trade secrets 

Where patent protection is not possible or desirable, keeping the code and workings of your software secret may be the best option. Restrict access to source code (and AI-related assets such as training data, hyperparameters, models and outputs) with password protection, firewalls, access logs, etc. Use APIs to restrict third-party access to source or compiled code and considering restricting the throughput of access to your API (the performance of AI models can be partially reverse engineered quickly given unrestricted access to inputs and outputs).

Put in place training, policies and contractual terms with employees, contractors and collaborators for the protection, use and potential disclosure of trade secrets. Bake this into you IP strategy and procedures to benefit from the enforcement options for trade secrets and confidential information. Having good procedures helps to protect both your own secrets and third-party secrets entrusted to you … and to stop employees and contractors bringing unwanted third-party secrets into your business."