Tuesday, October 31, 2023

The Patent Fight That Could Take Apple Watches Off the Market; The New York Times, October 30, 2023

 Peter Coy, The New York Times; The Patent Fight That Could Take Apple Watches Off the Market

"Masimo argues that Apple’s reputation for innovation is undeserved and that the company has made a practice of “efficient infringement” — using other companies’ technologies without permission and dealing with the legal fallout as necessary. The company points to something that Steve Jobs, Apple’s co-founder, said in 1996: “Picasso had a saying. He said, ‘Good artists copy; great artists steal.’ And we have, you know, always been shameless about stealing great ideas.”

Apple, of course, rejects this characterization and says the company respects other companies’ intellectual property. In Apple’s defense, it’s fair to assume that Jobs was speaking metaphorically, and not copping to a crime, when he said that the company stole."

Monday, October 30, 2023

Books under attack, then and now; MIT News, October 26, 2023

   MIT Libraries, MIT News; Books under attack, then and now

"Richard Ovenden was dressed appropriately for the start of Banned Books Week. He proudly displayed the American Library Association’s “Free people read freely” T-shirt as he approached the podium at Hayden Library on Oct. 2. Ovenden, Bodley’s Librarian at the University of Oxford, spoke about the willful destruction of recorded knowledge for an event titled “Book Wars,” the inaugural event in a new series called Conversations on Academic Freedom and Expression (CAFE), a collaboration between the MIT Libraries and History at MIT. 

“The idea for CAFE is to introduce the MIT community to the broader landscape of what’s going on in the world of academic freedom and free expression, beyond some of our local exchanges,” says Malick Ghachem, history professor and department head and a member of MIT’s Ad Hoc Working Group on Free Expression. 

“The libraries were a natural partner for the CAFE series,” says Chris Bourg, director of MIT Libraries. “The value of free and open access to information underpins everything we do.” 

Ovenden, who writes extensively on libraries, archives, and information management, is the author of “Burning the Books: A History of the Deliberate Destruction of Knowledge,” which was shortlisted for the Wolfson History Prize in 2021. In his MIT talk he provided a historical overview of attacks on libraries — from the library of Ashurbanipal in the Assyrian capital of Nineveh (now northern Iraq), destroyed by fire in 612 BC, to book burning under the Nazi regime to current efforts across the United States to remove or restrict access to books.

In spite of this history of loss, Ovenden finds hope in “the human impulse to preserve, to pass on, to bear witness, to allow for diverse ideas to thrive.” He detailed the extraordinary actions people have taken to save knowledge, citing the “Paper Brigade,” a forced labor unit of poets and intellectuals in Nazi-occupied Vilnius who smuggled and hid rare books and manuscripts, and the tragic death of Aida Buturovic, a 32-year-old librarian who was killed as she tried to rescue books during the 1992 assault on the National and University Library in Sarajevo.

Ovenden concluded by making the case that libraries and archives are the infrastructure for democracy — institutions dedicated not only to education, but to safeguarding the rights of citizens, providing reference points for facts and truth, preserving identity, and enabling a diversity of views. Despite millennia of attacks, libraries continue to fight back, most recently with public libraries expanding digital access to combat book bans nationwide. 

Following Ovenden’s talk, Ghachem led a discussion and audience Q&A that touched on the connections between book bans and so-called “cancel culture,” how censorship itself is used as a means of expressing political views, and growing distrust of expertise.  

The CAFE series is one of several opportunities to engage the Institute community that emerged from the Report of the MIT Ad Hoc Working Group on Free Expression. Ghachem also started a new first-year advising seminar, “Free Expression, Pluralism, and the University,” and the Institute Community and Equity Office launched Dialogues Across Difference: Building Community at MIT. A second CAFE event is being planned for the spring term. 

“At this moment in our history, we should try to encourage discussion, and not debate,” said Ovenden. “We must try to move away from this idea that it’s a contest, that it’s a battle, and encourage and foster the idea of listening and discussion. And that's all part of the deliberation that I think is necessary for a healthy society.”"

Sunday, October 29, 2023

Feds Seek Tribal Input on Tribal Intellectual Property Issues; Native News Online, October 28, 2023

NATIVE NEWS ONLINE STAFF , Native News Online; Feds Seek Tribal Input on Tribal Intellectual Property Issues

"The U.S. Department of Commerce, through the United States Patent and Trademark Office, on Tuesday announced it seeks tribal input on tribal intellectual property issues...

In the upcoming consultation, the USPTO wants tribal input on how to best protect genetic resources, traditional knowledge, and traditional cultural expressions as they are being discussed at the World Intellectual Property Organization.

The National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF) were quick to applaud the decision to hold this long overdue consultation...

“The United Nations Declaration on the Rights of Indigenous Peoples recognizes Indigenous Peoples’ rights to their cultural and intellectual property, as well as the obligation for the United States to take measures to protect those rights. It is good that the United States is living up to its obligation to consult with Tribal Nations, and the concern now is to ensure that the consultation is meaningful and actually impacts the United States’ negotiation positions,” explained NARF Staff Attorney Sue Noe.

The Federal Register notice provides details for online webinars to be held in January 2024. Two of the four webinars will be for federally recognized Tribal Nations and two will be for state-recognized Tribal Nations, tribal members, Native Hawaiians, and inter-tribal organizations. The USPTO also invites related written comments, to be submitted by February 23, 2024...

More information is available on the Federal Register."

Saturday, October 28, 2023

An AI engine scans a book. Is that copyright infringement or fair use?; Columbia Journalism Review, October 26, 2023

 MATHEW INGRAM, Columbia Journalism Review; An AI engine scans a book. Is that copyright infringement or fair use?

"Determining whether LLMs training themselves on copyrighted text qualifies as fair use can be difficult even for experts—not just because AI is complicated, but because the concept of fair use is, too."

Thursday, October 26, 2023

Intellectual Property Careers: Top 9 Jobs to Consider and the Skills Needed to Get Them; The Michelson Institute for Intellectual Property, October 26, 2023

The Michelson Institute for Intellectual Property ; Intellectual Property Careers: Top 9 Jobs to Consider and the Skills Needed to Get Them

"When it comes to Intellectual Property (IP), many envision legal battles and courtrooms. However, the world of IP is a vast ecosystem with roles that extend well beyond IP attorneys. While lawyers are essential in this dynamic field, the career opportunities presented by the myriad variety of intellectual property jobs are as diverse as the creations they protect...

Skills and Qualities for Success in IP Careers

Regardless of the specific career path within IP, certain skills and qualities are highly valuable:

  • Legal Foundation: Strong foundational knowledge in IP law—including patents, trademarks, copyrights, and trade secrets—is essential. Protip: try our Intangible Advantage digital textbook to get started.
  • Technical Expertise: Depending on the field, a technical background in fields such as engineering, science, or IT can be advantageous, especially in patent-related careers.
  • Communication Skills: Effective written and oral communication is crucial for conveying complex legal concepts to clients, colleagues, and stakeholders.
  • Analytical Thinking: The ability to analyze legal issues, research IP matters, and make informed decisions is fundamental. 
  • Business Acumen: Understanding the business objectives and strategies of clients or employers is essential for aligning IP efforts with broader goals. To understand IP in a business context, check out our business case stories.
  • Negotiation Skills: Negotiating licensing agreements, resolving disputes, and managing relationships with stakeholders require strong negotiation skills. 
  • International Awareness: In an increasingly globalized world, having an understanding of international IP laws and practices can be a significant asset."

Why I let an AI chatbot train on my book; Vox, October 25, 2023

, Vox; Why I let an AI chatbot train on my book

"What’s “fair use” for AI?

I think that training a chatbot for nonprofit, educational purposes, with the express permission of the authors of the works on which it’s trained, seems okay. But do novelists like George R.R. Martin or John Grisham have a case against for-profit companies that take their work without that express permission?

The law, unfortunately, is far from clear on this question." 

Wednesday, October 25, 2023

Taco Bell has squeezed out its last big challenger to the Taco Tuesday trademark; Quartz, October 25, 2023

Ananya Bhattacharya, Quartz; Taco Bell has squeezed out its last big challenger to the Taco Tuesday trademark

"“Taco Tuesday” is free for all restaurant owners to use now.

Up until May of 2023, the trademark for the phrase was held by the Taco John’s restaurant chain in 49 states and Gregory’s in New Jersey for decades. But then, the Yum Brands’ fast-food giant Taco Bell filed a petition with the US Patent and Trademark Office (USPTO) to cancel the trademarks and free the “generic” term.

After six months, Taco Bell has finally won. In July, Taco John’s relinquished the trademark, and earlier this week, so did Gregory’s."

Tuesday, October 24, 2023

The fingerprints on a letter to Congress about AI; Politico, October 23, 2023

BRENDAN BORDELON, Politico; The fingerprints on a letter to Congress about AI

"The message in the open letter sent to Congress on Sept. 11 was clear: Don’t put new copyright regulations on artificial intelligence systems.

The letter’s signatories were real players, a broad coalition of think tanks, professors and civil-society groups with a stake in the growing debate about AI and copyright in Washington.

Undisclosed, however, were the fingerprints of Sy Damle, a tech-friendly Washington lawyer and former government official who works for top firms in the industry — including OpenAI, one of the top developers of cutting-edge AI models. Damle is currently representing OpenAI in ongoing copyright lawsuits...

The effort by an OpenAI lawyer to covertly sway Congress against new laws on AI and copyright comes in the midst of an escalating influence campaign — tied to OpenAI and other top AI firms — that critics fear is shifting Washington’s attention away from current AI harms and toward existential threats posed by future AI systems...

Many of the points made in the September letter echo those made recently by Damle in other venues, including an argument comparing the rise of AI to the invention of photography."

International Open Access Week: 2023 Theme Community over Commercialization, October 23-29, 2023

 International Open Access Week 

October 23-29, 2023


This year’s theme encourages a candid conversation about which approaches to open scholarship prioritize the best interests of the public and the academic community—and which do not."

Prominent journal editor fired for endorsing satirical article about Israel-Hamas conflict; Science, October 24, 2023

 SCIENCE NEWS STAFF, Science; Prominent journal editor fired for endorsing satirical article about Israel-Hamas conflict

"Michael Eisen, editor-in-chief of the prominent open access journal eLife and a longtime critic of traditional journals, says he is losing that job for publicly endorsing a satirical article that criticized people dying in Gaza for not condemning the recent attacks on Israel by the Palestinian group Hamas...

Eisen has previously been a frequent, feisty participant in debates about scientific publishing, doggedly supporting the development of free access to journal articles. In 2003, he co-founded the Public Library of Science (PLOS), whose journal PLOS ONE grew to become one of the largest open-access journals. Authors pay a fee so that their articles in PLOS journals are free to read when published. Eisen has criticized the paywalls still in place at many subscription journals as slowing the progress of science and the diffusion of useful findings. But critics of PLOS’s model have suggested author fees create an incentive for journals to maximize the number of papers published at the expense of adequate peer review and quality and can create barriers for authors with limited resources."

Monday, October 23, 2023

Artists, copyright law, and the battle over artificial intelligence; 1A, October 23, 2023

Lauren Hamilton, 1A ; Artists, copyright law, and the battle over artificial intelligence

"Tech companies have spent billions of dollars this year alone investing in the future of generative artificial intelligence.  

Generative AI apps like ChatGPT, Stable  Diffusion and Bard, deliver brand new text, images and code results – of comparable quality to human outputs – from user prompts. 

But have you ever wondered how an AI bot knows how to process a user’s request? 

It gets trained, using millions of data points – like books, poems, photos, illustrations and song lyrics – from all over the internet, including copyrighted material. 

In recent months, several authors have sued companies like Meta and OpenAI, alleging that the companies used their copyrighted works to train their generative AI models, all without permission or compensation.

It’s an issue of concern for many who work creative jobs; from authors, to musicians, voice actors and graphic designers.

What’s to come of the legal battles between creatives and AI companies? What role does copyright law play in shaping the future of artificial intelligence?"

Friday, October 20, 2023

Music publishers sue Amazon-backed AI company over song lyrics; The Guardian, October 19, 2023

  and agencies, The Guardian; Music publishers sue Amazon-backed AI company over song lyrics

"Music publishers Universal Music, ABKCO and Concord Publishing sued the artificial intelligence company Anthropic in Tennessee federal court on Wednesday, accusing it of misusing “innumerable” copyrighted song lyrics to train its chatbot Claude.

The lawsuit said Anthropic violates the publishers’ rights through its use of lyrics from at least 500 songs ranging from the Beach Boys’ God Only Knows and the Rolling Stones’ Gimme Shelter to Mark Ronson and Bruno Mars’ Uptown Funk and Beyoncé’s Halo.

The lawsuit accused Anthropic of infringing the publishers’ copyrights by copying their lyrics without permission as part of the “massive amounts of text” that it scrapes from the internet to train Claude to respond to human prompts."

Thursday, October 19, 2023

AI is learning from stolen intellectual property. It needs to stop.; The Washington Post, October 19, 2023

William D. Cohan , The Washington Post; AI is learning from stolen intellectual property. It needs to stop.

"The other day someone sent me the searchable database published by Atlantic magazine of more than 191,000 e-books that have been used to train the generative AI systems being developed by Meta, Bloomberg and others. It turns out that four of my seven books are in the data set, called Books3. Whoa.

Not only did I not give permission for my books to be used to generate AI products, but I also wasn’t even consulted about it. I had no idea this was happening. Neither did my publishers, Penguin Random House (for three of the books) and Macmillan (for the other one). Neither my publishers nor I were compensated for use of my intellectual property. Books3 just scraped the content away for free, with Meta et al. profiting merrily along the way. And Books3 is just one of many pirated collections being used for this purpose...

This is wholly unacceptable behavior. Our books are copyrighted material, not free fodder for wealthy companies to use as they see fit, without permission or compensation. Many, many hours of serious research, creative angst and plain old hard work go into writing and publishing a book, and few writers are compensated like professional athletes, Hollywood actors or Wall Street investment bankers. Stealing our intellectual property hurts."

Authors sue Meta, Microsoft, Bloomberg in latest AI copyright clash; Reuters, October 18, 2023

, Reuters ; Authors sue Meta, Microsoft, Bloomberg in latest AI copyright clash

"A group of writers including former Arkansas governor Mike Huckabee and best-selling Christian author Lysa TerKeurst have filed a lawsuit in New York federal court that accuses Meta (META.O), Microsoft (MSFT.O) and Bloomberg of using their work to train artificial intelligence systems without permission.

The proposed class-action copyright lawsuit filed on Tuesday said that the companies used the controversial "Books3" dataset, which the writers said contains thousands of pirated books, to teach their large language models how to respond to human prompts."

Wednesday, October 18, 2023

A.I. May Not Get a Chance to Kill Us if This Kills It First; Slate, October 17, 2023

 SCOTT NOVER, Slate; A.I. May Not Get a Chance to Kill Us if This Kills It First

"There is a disaster scenario for OpenAI and other companies funneling billions into A.I. models: If a court found that a company was liable for copyright infringement, it could completely halt the development of the offending model."

Tuesday, October 17, 2023

Federal government considering copyright law changes for AI-generated work; National Post, October 16, 2023

 Anja Karadeglija, National Post; Federal government considering copyright law changes for AI-generated work

"The Liberal government is asking for input on potential changes to copyright law to account for the emergence of generative artificial intelligence systems like ChatGPT.

That includes the question of whether copyright protection should apply to AI-generated work, or whether it should be reserved exclusively for work created by humans, it outlined in a new consultation...

The National Post reported earlier this month that the federal government doesn’t know how Canadian copyright law applies to systems like ChatGPT, and is following multiple lawsuits in the United States."

Monday, October 16, 2023

Writers Guild AI Deal Pushes Studios Down New Copyright Path; Bloomberg Law, October 12, 2023

Kyle Jahner, Bloomberg Law; Writers Guild AI Deal Pushes Studios Down New Copyright Path

"Movie and television studios will have to monitor their use of AI in the script-writing process or face copyright complications following the recent deal with the screenwriters’ union.

Provisions restricting—in some scenarios banning—use of AI in content fed to writers are embedded among other aspects of the collective bargaining agreement with Hollywood studios ratified by Writers Guild of America members Monday, less than two weeks after governing boards of the writers’ union ended the nearly five-month strike. The WGA also secured the right to bar the use of writers’ material to train AI models."

Saturday, October 14, 2023

Libraries to observe Open Access Week with virtual panel discussion Oct. 24; Penn State, October 11, 2023

 Penn State; Libraries to observe Open Access Week with virtual panel discussion Oct. 24

"Penn State University Libraries will participate in the 16th annual global observance of Open Access Week with a virtual panel discussion at noon on Oct. 24. Panelists will discuss this year's theme, “Community Over Commercialization,” in the context of University Libraries initiatives that support research and teaching. The session is free and will be held virtually on Zoom; registration is required in order to attend.

The theme “encourages a candid conversation about which approaches to open scholarship prioritize the best interests of the public and the academic community — and which do not,” according to the website description.

The panelists are Libraries employees who work on open initiatives including open access, open publishing, open data, open metadata, open educational resources and open source software:

Thursday, October 12, 2023

Thaler Appeals D.C. Court Decision Denying Copyright for AI-Generated Art; The Fashion Law, October 12, 2023

The Fashion Law; Thaler Appeals D.C. Court Decision Denying Copyright for AI-Generated Art

"A case over the availability of copyright protection for artificial intelligence-generated artwork is headed before a U.S. appeals court. In a notice lodged on Wednesday, Stephen Thaler alerted the U.S. District Court for the District of Columbia that he is appealing its August 18 decision, in which it held that an artwork created by AI is not eligible for copyright registration, to the U.S. Court of Appeals for the District of Columbia Circuit. As first reported by TFL, Thaler – who sought to register the AI-generated artwork, “A Recent Entrance to Paradise” with the Copyright Office – is appealing the D.C. court’s grant of summary judgment in favor of Shira Perlmutter and the Copyright Office and its denial of his own summary judgment motion this summer...

The case is Stephen Thaler v. Shira Perlmutter, et al., 1:22-cv-01564 (DDC)."

Google promises to take the legal heat in users’ AI copyright lawsuits; The Verge, October 12, 2023

Emilia David , The Verge; Google promises to take the legal heat in users’ AI copyright lawsuits

"Google will protect customers who use some of its generative AI products if they get sued for copyright infringement, the company says.

In a blog post, Google said customers using products that are now embedded with generative AI features will be protected, attempting to assuage growing fears that generative AI could run afoul of copyright rules. It specifically mentioned seven products it would legally cover: Duet AI in Workspace (including text generated in Google Docs and Gmail and images in Google Slides and Google Meet), Duet AI in Google Cloud, Vertex AI Search, Vertex AI Conversation, Vertex AI Text Embedding API, Visual Captioning on Vertex AI, and Codey APIs. Google’s Bard search tool was not mentioned.

If you are challenged on copyright grounds, we will assume responsibility for the potential legal risks involved,” the company said."

Tuesday, October 10, 2023

How to Submit a Removal Request on YouTube Due to Copyright; MakeUseOf, October 9, 2023

SAM WOLFE, MakeUseOfHow to Submit a Removal Request on YouTube Due to Copyright

"Ultimately, YouTube wants to protect creators who put in time and hard work to produce original content. If you find that someone is stealing your content or YouTube has found matches of your videos, don’t hesitate to turn in a removal request."

Friday, October 6, 2023

This AI chatbot was ‘trained’ using my books, but don’t blame me for its incredible stupidity; Los Angeles Times, October 5, 2023

MICHAEL HILTZIK, Los Angeles Times; This AI chatbot was ‘trained’ using my books, but don’t blame me for its incredible stupidity

"Alex Reisner of the Atlantic compiled a handy search tool for the database, which is known as Books3, giving authors the world over an opportunity to hunt for their names and decide how to think about the results."

Unpublished Letter Sent to New York Times Editor on 10/2/23 re “The Enemies of Literature Are Winning” by Matthew Walther (Oct. 1, 2023)

[Kip Currier: Unpublished Letter I sent to New York Times Editor on 10/2/23 re “The Enemies of Literature Are Winning” by Matthew Walther (Oct. 1, 2023).]

Nowhere in the author’s jeremiad does he address the two most important reasons for the continuing existence and relevance of Banned Books Week: providing readers with access to the broadest spectrum of information and including the voices of all, particularly BIPOC and LGBTQ+ persons who have historically been absent from library collections. In the words of the late Banned Books Week co-founder and longtime intellectual freedom champion Judith Krug, “We have to serve the information needs of everybody.” Not some, but everyone.

Thursday, October 5, 2023

Flo Rida, Old Lawsuits & ‘Raging Bull’: Supreme Court’s Big Music Copyright Case Explained; Billboard, October 3, 2023

BILL DONAHUE, Billboard; Flo Rida, Old Lawsuits & ‘Raging Bull’: Supreme Court’s Big Music Copyright Case Explained

"The phrases “retroactive relief” and “three-year lookback period” might make your eyes glaze over, but the Warner v. Nealy case has big implications for copyright-heavy industries like music....

“Without a clear national rule setting the temporal limits of recoverable damages, amici and their members face serious uncertainty.”"

Monday, October 2, 2023

USPTO; Director's Blog: the latest from USPTO leadership; Latest updates on artificial intelligence and intellectual property, September 29, 2023

Blog by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO; Director's Blog: the latest from USPTO leadership

Latest updates on artificial intelligence and intellectual property

"Our AI/ET Partnership Meeting on September 27 this week explored the many ways that AI is shaping the work of both the USPTO and those who practice before us, along with the role of USPTO data in advancing state-of-the-art AI research and AI throughout the innovation economy. Attendees heard from a distinguished and diverse lineup of AI researchers, IP practitioners, USPTO technologists, and interagency partners. And our economists demonstrated some of our AI data and research initiatives.

Given the rapid adoption of AI, we are moving swiftly and carefully – including on patent examiner training. In our report, “Inventing AI: Tracing the diffusion of artificial intelligence with U.S. patents,” we found that AI is increasingly important for invention, diffusing broadly across technologies, inventors, organizations, and geography. For example, recently updated data from our report indicates that around 80,000 of our utility patent applications in 2020 involved artificial intelligence – over 150% higher than in 2002. AI now appears in more than 18% of all utility patent applications we receive. Illustrating AI’s rapid diffusion across fields, patents containing AI appeared in about 9% of all technologies examined by the USPTO in 1976, and spread to more than 50% by 2020. And, this data precedes what we have all seen in the past six months." 

EU legal advisor: disclosing identities of suspected copyright pirates "compatible" with EU privacy laws; Boing Boing, September 29, 2023

, Boing Boing; EU legal advisor: disclosing identities of suspected copyright pirates "compatible" with EU privacy laws

"Releasing pirates' identities is "Compatible With EU Privacy Laws," says a top legal advisor to the European Union's highest court following the discovery that the French government retains more than a decade of data collected about millions of people suspected of infringing copyrights."

Saturday, September 30, 2023

Supreme Court to Clarify Copyright Infringement Limits in Case Against Warner Music; The Hollywood Reporter, September 29, 2023

Winston Cho, The Hollywood Reporter; Supreme Court to Clarify Copyright Infringement Limits in Case Against Warner Music

"The Supreme Court will clear up how far back copyright holders can recover damages for infringement in a case involving a Florida producer who sued Warner Chappell Music after Flo Rida sampled a song he owns.

The justices agreed on Friday to review an appeal from Warner Music and Artist Publishing Group of a lower court’s ruling that recovery for damages that occurred prior to the three-year window to sue is allowed. The decision may clarify uncertainty over whether there is truly open-ended copyright liability, as two federal appeals courts have recently held."

Monday, September 25, 2023

Getty Images promises its new AI contains no copyrighted art; MIT Technology Review, September 25, 2023

, MIT Technology Review; Getty Images promises its new AI contains no copyrighted art

"Getty Images is so confident its new generative AI model is free of copyrighted content that it will cover any potential intellectual-property disputes for its customers. 

The generative AI system, announced today, was built by Nvidia and is trained solely on images in Getty’s image library. It does not include logos or images that have been scraped off the internet without consent. 

“Fundamentally, it’s trained; it’s clean. It’s viable for businesses to use. We’ll stand behind that claim,” says Craig Peters, the CEO of Getty Images. Peters says companies that want to use generative AI want total legal certainty they won’t face expensive copyright lawsuits.""

Sunday, September 24, 2023

An old master? No, it’s an image AI just knocked up … and it can’t be copyrighted; The Guardian, September 24, 2023

 , The Guardian ; An old master? No, it’s an image AI just knocked up … and it can’t be copyrighted

"Courts are now routinely referring to human authorship requirements under copyright law, including rejecting Kristina Kashtanova’s copyright claim for Zarya of the Dawn, a book “‘authored’ by non-human spiritual beings”. That ruling noted “it is not creations of divine beings” copyright is designed to protect.

Case law on the issue also now includes the rejection of a copyright lawsuit brought on behalf of a selfie-taking monkey. But in the Thaler case, Judge Beryl Howell did acknowledge that humanity is “approaching new frontiers in copyright” where artists will use AI as a tool to create new work."

‘Trump Too Small’ Fight Splits First Amendment Trademark Views; Bloomberg Law, September 22, 2023

Kyle Jahner, Bloomberg Law; ‘Trump Too Small’ Fight Splits First Amendment Trademark Views

"A dispute over a “Trump Too Small” trademark application hinges on whether a statutory ban offends the First Amendment, as the US Supreme Court recently found two other restrictions did."

Saturday, September 23, 2023

Generative AI vs. Copyright; Publishers Weekly, September 22, 2023

Lloyd J. Jassin, Publishers Weekly; Generative AI vs. Copyright

"To sum up, on a case-by-case basis, courts must determine if substantial similarity exists and then engage in line drawing—balancing free expression and the rights of creators."

U.S. Copyright Office Extends Deadline for Comments on Artificial Intelligence Notice of Inquiry; U.S. Copyright Office, September 21, 2023

 U.S. Copyright Office, Issue No. 1021; U.S. Copyright Office Extends Deadline for Comments on Artificial Intelligence Notice of Inquiry

"The U.S. Copyright Office extended the deadline to submit comments in response to its August 30, 2023, notice of inquiry regarding artificial intelligence and copyright. The new deadlines will ensure that members of the public have sufficient time to prepare fulsome responses to the Office's questions so the Office can proceed with its inquiry with the benefit of a complete record of public input and feedback.

Initial written comments are now due by 11:59 p.m. eastern time on Monday, October 30, 2023. Reply comments are now due by 11:59 p.m. eastern time on Wednesday, November 29, 2023.

The Federal Register notice announcing this extension and additional information, including instructions for submitting comments, are available at https://www.copyright.gov/policy/artificial-intelligence/."

Generative AI and US copyright law are on a collision course; Computer World, September 22, 2023

 , Computer World; Generative AI and US copyright law are on a collision course

"The unsettled state of play around AI and copyright law is not simply a US phenomenon, although most countries have yet to pass detailed legislation around it. The EU’s AI Act, as well as frameworks for more general AI regulation passed by the US and China, do not change the confused state of play around copyright issues. One country that has done so is Japan, which clarified in June that the use of copyright works for AI training is permitted, even for commercial purposes.

But active regulation of these issues may still be far off in the US, according to the experts."

Friday, September 22, 2023

Opinion: The Copyright Office is making a mistake on AI-generated art; Ars Technica, September 22, 2023

, Ars Technica; Opinion: The Copyright Office is making a mistake on AI-generated art

"I don’t think these more recent decisions are going to age well.

“The copyright office's position follows fairly logically from what they've staked out,” Cornell University copyright scholar James Grimmelmann told me. “And that follows fairly logically from existing copyright doctrine or theory.”

At the same time, Grimmelmann said, “I don't see this approach being scalable. It seems like a quagmire.”"

Thursday, September 21, 2023

Publishers settle copyright infringement lawsuit with ResearchGate; Chemistry World, September 18, 2023

, Chemistry World ; Publishers settle copyright infringement lawsuit with ResearchGate

"Lisa Janicke Hinchliffe, a librarian and professor of information science at the University of Illinois Urbana-Champaign, says the settlement agreement ‘signals that ResearchGate has completed its journey from disrupter to partner within the scholarly communications ecosystem’. She notes that Elsevier and ACS have been using ResearchGate’s content blocking technology since at least early 2022, which indicates that ‘a more collaborative relationship’ has been in development for some time."

Wednesday, September 20, 2023

Franzen, Grisham and Other Prominent Authors Sue OpenAI; The New York Times, September 20, 2023

 Alexandra Alter and Franzen, Grisham and Other Prominent Authors Sue OpenAI

"A group of prominent novelists, including John Grisham, Jonathan Franzen and Elin Hilderbrand, are joining the legal battle against OpenAI over its chatbot technology, as fears about the encroachment of artificial intelligence on creative industries continue to grow.

More than a dozen authors filed a lawsuit against OpenAI on Tuesday, accusing the company, which has been backed with billions of dollars in investment from Microsoft, of infringing on their copyrights by using their books to train its popular ChatGPT chatbot. The complaint, which was filed along with the Authors Guild, said that OpenAI’s chatbots can now produce “derivative works” that can mimic and summarize the authors’ books, potentially harming the market for authors’ work, and that the writers were neither compensated nor notified by the company."

Digimarc adds copyright information to digital data; The Verge,September 19, 2023

 Emilia David, The Verge; Digimarc adds copyright information to digital data

"Software company Digimarc will now let copyright owners add more information to their work, which the company said will improve how AI models treat copyright in training data. 

In a statement, Digimarc said its new Digimarc Validate service lets users include ownership identification in the metadata. The company said this means that when copyrighted material becomes part of a generative AI training dataset, users can point to the digital watermark with intellectual property information.

For example, an image with Digimarc Validate adds a © symbol that is machine-readable and includes information on who owns the copyright. The company said Digimarc Validate is powered by its digital watermark detection software, called SAFE, or secure, accurate, fair, and efficient, which AI companies have to buy into if they want to prevent copyrighted material with the Digimarc Validate symbol from making it to training datasets."

Tuesday, September 19, 2023

DC Releases a Statement on Fables - It is 'Not in the Public Domain'; CBR, September 15, 2023

 BRIAN CRONIN, CBR; DC Releases a Statement on Fables - It is 'Not in the Public Domain'

"Suffice it to say, though, that anyone thinking of taking Willingham up on his "released" copyright will face a legal challenge from DC."

Pitt is a top 20 leader in patents in the U.S.; Pittwire, University of Pittsburgh, September 15, 2023

Pittwire, University of Pittsburgh; Pitt is a top 20 leader in patents in the U.S.

"From quantum computers to better wheelchair technology, innovators at the University of Pittsburgh are always pushing boundaries. Now, a new ranking confirms what Pitt people have long known: we’re among the top 20 most innovative universities nationwide.

According to a new list from the National Academy of Inventors (NAI), Pitt ranks No. 16 for U.S. universities granted utility patents in 2022.

Pitt innovators earned 105 of these patents in 2022, just behind the University of Pennsylvania at 108 and far surpassing other Pennsylvania universities on the list, including Carnegie Mellon University at No. 37, Penn State University at No. 51, Drexel University at No. 57 and Temple University at No. 75.

Drawing from data from the U.S. Patent and Trademark Office, the list focuses specifically on utility patents, which offer protection to inventors for new processes, machines or other innovations."