Science fiction writers imagine a future in which AI doesn’t abuse copyright – or their generosity; The Register, December 15, 2023

Simon Sharwood, The Register ; Science fiction writers imagine a future in which AI doesn’t abuse copyright – or their generosity

"Which is why several authors and the Authors Guild have launched lawsuits against OpenAI. It's also why the US Copyright Office in August 2023 launched an inquiry into copyright and artificial intelligence and invited public comments.

The SFWA took advantage of that offer, as did many others: the consultation has generated over 10,000 comments.

The Association's most recent submission – lodged on December 7 and noticed by Torrentfreak – notes that it is in "the unique position of representing many authors who have fought to make their work available for free for human readers."

"Over the last twenty years, many science fiction and fantasy authors of short fiction have embraced the open internet, believing that it is good for society and for a flourishing culture that art be available to their fellow human beings regardless of ability to pay," the submission states. But there's a difference between making a work free and giving it away.

"Being freely available has never meant abandoning the moral and legal rights of the authors, nor the obligation to enter into legal contracts to compensate authors for their work and spell out how it may and may not be used," the submission argues.

"The current content-scraping regime preys on that good-faith sharing of art as a connection between human minds and the hard work of building a common culture," the submission adds."

Marvel Settles Fight Over Spider-Man, Doctor Strange Rights; The Hollywood Reporter, December 8, 2023

Ashley Cullins, The Hollywood Reporter; Marvel Settles Fight Over Spider-Man, Doctor Strange Rights

"It looks like Marvel won’t be bringing its battle over the rights to Spider-Man and Doctor Strange into the new year. Attorneys for the company and the estate of Steve Ditko on Wednesday notified the court that they’ve reached an amicable settlement and expect a stipulation of dismissal with prejudice to be filed in the coming weeks.

This all started back in 2021, when Marvel filed a series of lawsuits in response to copyright termination notices from Larry Lieber and the estates of Gene Colan, Steve Ditko, Don Heck and Don Rico. A very long list of characters were at issue, including Iron Man, Captain America, Black Widow, Hulk and Thor. In June, all but one of the matters settled."

Copyright Board Upholds Latest Refusal to Register AI Generated Art; The Fashion Law (TFL), December 12, 2023

TFL ; Copyright Board Upholds Latest Refusal to Register AI Generated Art

"The Office primarily refused to register the work on the basis that it “lacks the human authorship necessary to support a copyright claim.” Specifically, the Office stated that despite Sahni’s claim that the work includes some human creative input, the work is not registrable, as “this human authorship cannot be distinguished or separated from the final work produced by the computer program.” 

Following an initial request for reconsideration, in which Sahni argued that “the human authorship requirement does not and cannot mean a work must be created entirely by a human author,” the Copyright Office again concluded that the work could not be registered, as it “is a derivative work that does not contain enough original human authorship to support a registration.” The Office found that “the new aspects of the [SURYAST] work were generated by ‘the RAGHAV app, and not Mr. Sahni – or any other human author,'” making it so that the “derivative authorship was not the result of human creativity or authorship” and therefore, not registrable."

Marybeth Peters: Renaissance Woman of Copyright; New York City Bar Association Podcasts, December 13, 2023

New York City Bar Association Podcasts; Marybeth Peters: Renaissance Woman of Copyright

"Lawyer. Leader. Public Servant. Trailblazer. Friend.

Marybeth Peters, the second-longest serving Register of Copyrights (1994 - 2010), died on September 29, 2022, in Washington, D.C., at the age of 83. With her passing, Register Peters left behind a lasting and far-reaching legacy in her storied 40-plus year career as a distinguished attorney, respected copyright law expert, and the director of the U.S. Copyright Office, where she helped shape and implement critical new laws, including the 1998 Digital Millennium Copyright Act, the Sonny Bono Copyright Term Extension Act, and the Uruguay Round Agreements Act among others. In addition, Register Peters was remembered as a mentor, teacher, and friend who touched the lives of everyone around her with grace and her unforgettable laugh.

Presented by the New York City Bar Copyright and Literary Property Committee, committee member Theodora Fleurant, a trademark attorney based in New York City, and Jose Landivar, an Associate at Coates IP, lead an unforgettable series of conversations with some of the people closest to Register Peters to look back on her life and legacy, including:

•	Shira Perlmutter, the current Register of Copyrights and Director of the U.S. Copyright Office
•	Maria Pallante, President and CEO of the Association of American Publishers who formerly served as the 12th Register of Copyrights
•	Richard Dannay, Counsel at Cowan, Liebowitz & Latman, P.C.
•	Eric Schwartz, Partner at Mitchell Silberberg & Knupp LLP, and former Acting General Counsel and Senior Legal Advisor to the Register of Copyrights
•	David Carson, current Copyright Office Claims Officer who, formerly served as head of the Copyright Policy Team in the Office of Policy and International Affairs at the U.S. Patent and Trademark Office and as General Counsel of the U.S. Copyright Office

This podcast paints a fascinating portrait of a leading U.S. and international copyright law expert. It seeks to inspire listeners with lessons in leadership, courage, innovation, and dedicated public service.

This podcast would not have been possible without the support of the U.S. Copyright Office (https://www.copyright.gov/) and audio provided by the Copyright Clearance Center.

Photo: Courtesy of the U.S. Copyright Office.

Access a transcript of this episode here: https://bityl.co/MvSf"

Atlanta; New Hampshire county selected for new USPTO outreach office locations; United States Patent and Trademark Office e (USPTO), December 13, 2023

Press Release, United States Patent and Trademark Office e (USPTO); Atlanta; New Hampshire county selected for new USPTO outreach office locations

"The U.S. Patent and Trademark Office (USPTO) today announced that it will open a new regional office in the Atlanta, Georgia metropolitan area serving innovators in the Southeast region, and a new community outreach office in Strafford County, New Hampshire, serving innovators in the New England region.

The new regional office and community outreach office will serve as an extension of the agency’s outreach operations. The offices will function as important resource centers to better serve local inventors and entrepreneurs, including those from underrepresented backgrounds. The new regional office in Atlanta is expected to be fully opened and operational by December 2025, with the New Hampshire outreach office soon thereafter.

“President Biden often says that America can be defined in a single word: possibilities. These new offices support the Administration’s commitment to drive economic growth and job creation by enhancing USPTO’s ability to meet people where they are and connect them with important resources to help inspire and strengthen the innovation ecosystem,” said Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “I look forward to expanding our work in the Southeast and Northeast to facilitate increased economic activity throughout these regions."

Disney is about to lose its decades-long battle to keep Mickey Mouse out of the public domain; Business Insider, December 14, 2023

Grace Eliza Goodwin, Business Insider; Disney is about to lose its decades-long battle to keep Mickey Mouse out of the public domain

"That 1998 law is what all copyrights operate under today. But there hasn't been another extension to the law, so starting January 1, anyone can use Steamboat Willie.

But even though the Steamboat Willie version of Mickey Mouse is entering the public domain, Disney doesn't need to be too worried about imposter Mickeys popping up around the world. 

Every time the company creates an altered version of the character, it gets copyrighted, and all modern depictions of the friendly mouse are protected, according to LUC's blog. Disney also owns trademarks on the modern incarnation of Mickey Mouse, giving the brand's mascot even more protection."

Grinch-themed Christmas photos look fun, could have serious legal consequences, experts say; USA Today, December 11, 2023

Mary Walrath-Holdridge, USA Today ; Grinch-themed Christmas photos look fun, could have serious legal consequences, experts say

"Dr. Seuss Enterprises, the company that owns all of the properties belonging to the late Theodor Seuss Geisel, is reportedly known for fiercely protecting its intellectual property. Warnings on the topic appear regularly on social media sites, such as one posted last week by a Knoxville, Tennessee photographer who explained why she avoids doing Grinch-themed shoots, even though she is asked about them yearly...

"Friendly reminder that shooting Grinch-themed photo sessions FOR A PROFIT (that’s the important part… if you’re not charging a fee you’re good) is federal trademark infringement," she said, alleging that the company has a team dedicated to scouring the internet for these infringements.

"Several years ago, a photographer offered Grinch mini sessions and her post went viral. Like, super viral. She was slapped with a lawsuit almost immediately annnnddd…. she lost. Copyright infringement is not a joke," the post continues."

Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States ; Lexology, December 4, 2023

Sheppard Mullin Richter & Hampton LLP - Keith Kelly and Zach Dai, Lexology; Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States 

"In a decision issued[1] November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship requirement under U.S. copyright law and may have far-reaching implications."

Jackson Slide and Ride sued over copyright infringement violations for the second time; Jackson Sun, December 4, 2023

Sarah Best, Jackson Sun; Jackson Slide and Ride sued over copyright infringement violations for the second time

"How licensing works

With an ASCAP license, owners then possess the legal right to use any and all of the more than 18 million works protected by ASCAP, according to Wagener.

The necessity of an ASCAP license extends to nightclubs, bars, restaurants and any venue where music will be played. However, failure to obtain a license results in legal fines whose financial detriments can cost triple or more than the yearly fee for an ASCAP license.

In a press release on Oct. 18, it was disclosed that for average restaurants and bars, licensing fees amount to an average of less than $2 per day. Licensing fees occur yearly and are determined based on an establishment's following characteristics:

• Size/capacity (the larger the venue, the more valuable the performance is and the higher the licensing fee)
• Type of music being performed (differentiated by live music, background music, karaoke, etc)
• Occurrence of live music (distinguished by its playing three nights or less and four nights or more)"

Beijing Internet Court Recognizes Copyright in AI-Generated Images; The National Law Review, November 29, 2023

 Aaron Wininger of Schwegman, Lundberg & Woessner, P.A., The National Law Review; Beijing Internet Court Recognizes Copyright in AI-Generated Images

"On November 27, 2023 the Beijing Internet Court issued a decision recognizing copyright in AI-generated images. The plaintiff, Mr. Li, used Stable Diffusion (an artificial intelligence) to generate the image involved in the case and published it on the Xiaohongshu platform; the defendant, a blogger on Baijiahao, used the image generated by the plaintiff’s AI to accompany the article, and the plaintiff sued. The Court held that the artificial intelligence-generated image involved in the case met the requirements of “originality” and reflected a human’s original intellectual investment and should be recognized as works and protected by copyright law. This is the opposite of the decision reached by the U.S. Copyright Office in Zarya of the Dawn (Registration # VAu001480196) that did not recognize copyright in AI-generated images. Note this Beijing case is also different from the recent Thaler v. Perlmutter decision (Civil Action No. 22-1564 (BAH)) because Thaler was trying to recognize the AI as the author and not the person using the AI as a tool as author."

Copyright law will shape how we use generative AI; Axios, December 1, 2023

• Megan Morrone , Axios; Copyright law will shape how we use generative AI

"In the year since the release of ChatGPT, generative AI has been moving fast and breaking things — and copyright law is only beginning to catch up. 

Why it matters: From Section 230 to the Digital Millennium Copyright Act (DMCA) to domain name squatting protections, intellectual property law has shaped the internet for three decades. Now, it will shape the way we use generative AI.

Driving the news: The Biden administration's recent executive order contained no initial guidance on copyright law and AI, which means these decisions will largely be left up to the courts."

FAU, NAI OFFER STUDENTS INTELLECTUAL PROPERTY CERTIFICATE; Florida Atlantic University (FAU), November 8, 2023

 Florida Atlantic University (FAU); FAU, NAI OFFER STUDENTS INTELLECTUAL PROPERTY CERTIFICATE

"Florida Atlantic University’s College of Engineering and Computer Science and the National Academy of Inventors® (NAI) have announced the expansion of an intellectual property certificate for all undergraduate and graduate engineering students at FAU. The certificate program was launched this spring for senior engineering students at FAU, and to date, more than 700 have graduated with the certificate.

Intellectual property refers to creations of the mind such as scientific inventions and creative works, with rights awarded to the inventor or author via patents, copyrights and trademarks.

Beginning this fall, the intellectual property certificate program was integrated into the freshman curriculum as well as the graduate curriculum in the College of Engineering and Computer Science. Approximately 470 undergraduate and 180 graduate students at FAU enrolled in the program in the fall. The intellectual property certificate was developed by the NAI and adapted by the College of Engineering and Computer Science. Through this certificate program, students will gain a broad understanding of intellectual property, and is expected to spur innovation and entrepreneurship at FAU.

“There is nothing more powerful or valuable than a great idea coming to fruition,” said Hari Kalva, Ph.D., chair and a professor in FAU’s Department of Electrical Engineering and Computer Science, who was elected to the rank of NAI Fellow last year. “However, intellectual property is often not well understood or appreciated. This innovative approach to integrate the National Academy of Inventors’ certificate program in our curriculum will foster intellectual property literacy among our students, which is critical to their profession.”

Kalva is a named inventor on more than 25 standard essential patents used in virtually all video distribution and streaming products and services.

The NAI partnered with the Michelson Institute for Intellectual Property (Michelson 20MM Foundation) on this new opportunity for aspiring inventors, innovators and entrepreneurs. The intellectual property course was developed by the Michelson Institute and teaches critical knowledge about America’s intellectual property system and how it works. By completing the course, FAU engineering students will acquire a foundation for a successful career in the most quintessential American tradition – innovation.

“We are excited to join forces with FAU’s College of Engineering and Computer Science to provide this critical intellectual property certificate program to all of their students to help take their creative minds to the next level of innovation,” said Jamie Renee, executive director of the NAI. “Intellectual property protection is imperative in the field of engineering and to prepare graduates as they design and develop products to solve real-world problems.” 

Students in the College of Engineering and Computer Science can take the course online at their own pace, which consists of 12 video modules and 38 lessons, each with a refresher quiz.

“Intellectual property is a key asset in many organizations today and employees who understand intellectual property are invaluable to companies and many other institutions,” said Stella Batalama, Ph.D., dean, FAU College of Engineering and Computer Science. “Undergraduate students are not usually offered courses on intellectual property to any great depth, with the exception of those who study law. This innovative certificate program offered by the National Academy of Inventors will provide our students with the tools they need to be successful engineers and inventors for decades to come.” 

After completing the course, FAU students take a final exam. Upon successful completion, they receive an “Innovation Development Certificate” from the NAI.

“To be successful in their careers, engineering students need to hone their intellectual property skills and realize the incredible potential of their ideas and inventions,” said Paul R. Sanberg, FNAI, Ph.D., president and founder of the NAI, whose distinguished career has been instrumental in translating new pharmaceutical and cellular therapeutics to clinical trials and commercialization for Tourette syndrome, stroke, ALS, and Alzheimer’s, Parkinson’s and Huntington’s disease. “Ideas are like property and need to be protected. Students at Florida Atlantic University who participate in the certificate program will learn about their rights as inventors and how to manage and ultimately monetize their work.”

The NAI is a member organization comprising universities from the United States and internationally as well as governmental and nonprofit research institutes, with more than 4,000 individual inventor members and Fellows spanning more than 250 institutions worldwide. Founded in 2010, the academy recognizes and encourages inventors with patents issued from the U.S. Patent and Trademark Office, enhances the visibility of academic technology and innovation, encourages the disclosure of intellectual property, educates and mentors innovative students, and translates the inventions of its members to benefit society.

“The College of Engineering and Computer Science’s leadership and experience delivering this new  curriculum will help us expand intellectual property education to the broader student body at FAU,” said Dana Vouglitois, associate director of technology development within FAU’s Division of Research. “Great partnerships with organizations like NAI help to make FAU’s goal of becoming a leading university for innovation and entrepreneurship a reality.""

Copyright Forum 11/22/23; Vox Pop, WAMC Northeast Public Radio, November 22, 2023

Vox Pop, WAMC Northeast Public Radio; Copyright Forum 11/22/23

"Our panel of experts is back to help you protect your intellectual property. Bill Westwood, Polly Law and David Newhoff join us to take your calls. 800-348-2551. Ray Graf hosts."

Her Music Fell Into Obscurity. Now It’s Back at the Philharmonic.; The New York Times, November 20, 2023

Garrett Schumann, The New York Times; Her Music Fell Into Obscurity. Now It’s Back at the Philharmonic.

"When Perry died, she had no children and only a few published works. Although scholars have identified about 100 of her manuscripts and scores, dozens cannot be performed or recorded because there is no established copyright holder. As Christopher Wilkins, the music director of the Akron Symphony, said, “all the work is protected; it just hasn’t been licensed, and can’t be until whoever controls it negotiates that.”

Wilkins first found Perry’s compositions in 2020, and marveled at what he saw. She, he said, “may be the most accomplished and celebrated composer ever to emerge from Akron.” He then asked the soprano and scholar Louise Toppin, who leads the African Diaspora Music Project, to help him explore Perry’s output and edit some of her manuscripts...

The Akron Symphony has also engaged a local lawyer to help resolve the copyright ambiguities that ensnare many of Perry’s compositions — a barrier to overcome for those interested in her music, beyond historical practices of exclusion among American institutions."

Roundtable discussion: Tribes, intellectual property, and consumer protection; United States Patent and Trademark Office (USPTO), November 30, 2023 9 AM EST - 5 PM EST

United States Patent and Trademark Office (USPTO) ; Roundtable discussion: Tribes, intellectual property, and consumer protection

Join intellectual property (IP) experts, senior officials from the United States Patent and Trademark Office (USPTO) and other federal agencies, and Tribal representatives for an in-depth examination of consumer protection, the protection and enforcement of IP, and the impact of counterfeit goods on the economies of Native American communities.

Topics to be explored will include:

• The scope and impact of IP crime on Native Americans
• How to protect Native American arts and crafts
• State and tribal cooperation on consumer protection investigations
• International developments in the protection of traditional knowledge, cultural expressions, and genetic resources
• Strategies for raising public awareness and changing consumer behaviors

Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims; JD Supra, November 20, 2023

  Adam Philipp, AEON Law, JD Supra; Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims

"One of the plaintiffs’ theories of infringement was that the output images based on the Training Images are all infringing derivative works.

The court noted that to support that claim the output images would need to be substantially similar to the protected works. However, noted the court,

none of the Stable Diffusion output images provided in response to a particular Text Prompt is likely to be a close match for any specific image in the training data.

The plaintiffs argued that there was no need to show substantial similarity when there was direct proof of copying. The judge was skeptical of that argument.

This is just one of many AI-related cases making its way through the courts, and this is just a ruling on a motion rather than an appellate court decision. Nevertheless, this line of analysis will likely be cited in other cases now pending.

Also, this case shows the importance of artists registering their works with the Copyright Office before seeking to sue for infringement."

Trademark judge rules in favor of Arkansas State University in logo dispute; KAIT8, November 20, 2023

 Chris Carter, KAIT8 ; Trademark judge rules in favor of Arkansas State University in logo dispute

"In a significant legal development, a trademark judge has ruled in favor of Arkansas State University in a copyright infringement case against the Chattanooga Red Wolves over using the Red Wolves name and logo.

The decision was handed down by the Trademark Trial and Appeal Board after the administration at Arkansas State University initiated legal proceedings earlier this year.

The dispute centered around the similarity between the logos.

The ruling emphasized that the Chattanooga Red Wolves’ logo was deemed too like Arkansas State University’s logo. The legal action was prompted by A-State’s administration, which filed a copyright infringement case, asserting its ownership rights over the Red Wolves name and associated branding elements."

‘Please regulate AI:' Artists push for U.S. copyright reforms but tech industry says not so fast; AP, November 18, 2023

 MATT O’BRIEN, AP; ‘Please regulate AI:' Artists push for U.S. copyright reforms but tech industry says not so fast

"Most tech companies cite as precedent Google’s success in beating back legal challenges to its online book library. The U.S. Supreme Court in 2016 let stand lower court rulings that rejected authors’ claim that Google’s digitizing of millions of books and showing snippets of them to the public amounted to copyright infringement.

But that’s a flawed comparison, argued former law professor and bestselling romance author Heidi Bond, who writes under the pen name Courtney Milan. Bond said she agrees that “fair use encompasses the right to learn from books,” but Google Books obtained legitimate copies held by libraries and institutions, whereas many AI developers are scraping works of writing through “outright piracy.”

Perlmutter said this is what the Copyright Office is trying to help sort out.

“Certainly this differs in some respects from the Google situation,” Perlmutter said. “Whether it differs enough to rule out the fair use defense is the question in hand.”"

Two arrested after US storage facility emptied of $1bn in ‘massive amounts of knock-off designer goods’; The Guardian, November 16, 2023

Jenna Amatulli, The Guardian; Two arrested after US storage facility emptied of $1bn in ‘massive amounts of knock-off designer goods’

"Federal prosecutors arrested two men on Wednesday and seized more than 200,000 counterfeit handbags, clothes and other luxury items worth $1.03bn, making it “the largest-ever seizure of counterfeit goods in US history”...

Ivan Arvelo, special agent in charge of homeland security investigations, praised the findings in a statement, claiming it “underscores the unwavering commitment of HSI New York in the fight against intellectual property theft and serves as a testament to the dedication of our team and partner agencies, who have tirelessly pursued justice, culminating in the largest-ever seizure of this kind”...

Hand added that the counterfeit market is a “significant problem not just for luxury fashion brands and the dilution of their trademarks’ values but also for consumers and society at large as many counterfeit products are produced in oppressive labor environments and without any adherence to ecological production methods (if implemented by brands)”."

Figuring Out Fair Use; American Libraries, November 1, 2023

 Carrie Russell , American Libraries; Figuring Out Fair Use: Debunking copyright myths and misconceptions

"To manage copyright effectively in your school, begin by understanding the purpose of the law. Learn basic concepts—exclusive rights, public domain, requirements for protection—and apply all available exceptions to the advantage of your school community. Make informed decisions but accept ambiguity and clear your mind of misinformation. Below I have outlined the top five copyright misconceptions to get you started."

U.S. Copyright Office Extends Deadline for Reply Comments on Artificial Intelligence Notice of Inquiry; U.S. Copyright Office, November 15, 2023

 U.S. Copyright Office, Issue No. 1026; U.S. Copyright Office Extends Deadline for Reply Comments on Artificial Intelligence Notice of Inquiry

"The U.S. Copyright Office is extending the deadline to submit reply comments in response to the Office’s August 30, 2023, notice of inquiry regarding artificial intelligence and copyright. The deadline will ensure that members of the public have sufficient time to prepare responses to the Office’s questions and submitted comments and that the Office can proceed on a timely basis with its inquiry of the issues identified in its notice with the benefit of a complete record.

Reply comments are now due by 11:59 p.m. eastern time on Wednesday, December 6, 2023.

The Federal Register notice announcing this extension and additional information, including instructions for submitting comments, are available on the  Artificial Intelligence Study webpage."

The Evolution of the Right to Repair; American Bar Association, September 15, 2023

Robert B Cunningham and Darby Hobbs, American Bar Association; The Evolution of the Right to Repair

"Where the scope of the right to repair is headed depends, as so much does, on politics. Consumers and their advocates have every interest in securing a right that is as broad as possible, at least until prices move upward. Manufacturers have no reason to give up on their arguments to constrain the right, recognizing that some arguments are likely more effective than others, e.g., cybersecurity and data leakage risks may carry more water than claims that non-authorized repair shops will disappoint consumer with poor services. It is possible that some manufacturers in competitive markets will see and seize an opportunity to compete on what might be called “repair liberality,” and in so doing preempt legislation. Or, reaching the same result by different ends, the intuitive appeal of advocates’ argument that “ownership includes repair” may overwhelm opposition. Looking only at the recent increase in proposed legislation, it would seem that manufacturers are on the back foot, but maybe all they need is to hone their arguments. One publicized case of a right to repair “going wrong,” perhaps a data breach, could move the parties into—or keep them at—equilibrium. What’s certain is that things will keep breaking, and need fixing."

YouTube to offer option to flag AI-generated songs that mimic artists’ voices; The Guardian, November 14, 2023

 Dan Milmo , The Guardian; YouTube to offer option to flag AI-generated songs that mimic artists’ voices

"Record companies can request the removal of songs that use artificial intelligence-generated versions of artists’ voices under new guidelines issued by YouTube.

The video platform is introducing a tool that will allow music labels and distributors to flag content that mimics an artist’s “unique singing or rapping voice”.

Fake AI-generated music has been one of the side-effects of leaps forward this year in generative AI – the term for technology that can produce highly convincing text, images and voice from human prompts.

One of the most high-profile examples is Heart on My Sleeve, a song featuring AI-made vocals purporting to be Drake and the Weeknd. It was pulled from streaming services after Universal Music Group, the record company for both artists, criticised the song for “infringing content created with generative AI”. However, the song can still be accessed by listeners on YouTube."

Blue Moose in Topeka is among a dozen bars and restaurants being sued. Here's why.; The Topeka Capital-Journal, November 7, 2023

Keishera Lately , The Topeka Capital-Journal; Blue Moose in Topeka is among a dozen bars and restaurants being sued. Here's why.

"What other restaurants and bars are being filed against?

Among The Blue Moose Bar & Grill, 11 other restaurants and bars nationwide have been filed against by the ASCAP for copyright infringement.

Those restaurants and bars include Commonwealth (Las Vegas), Dublin Square (East Lansing, Michigan), Fable Lounge (Nashville, Tennessee), Hennessy Tavern (Laguna Beach, California), Liquid Joe's (Salt Lake City, Utah), Lonerider Brewery (Raleigh, North Carolina), Olympix Sports Bar (Houston, Texas), Slide & Ride 2 (Jackson, Tennesse), The Stetson Bar (San Antonio, Texas), The Tonidale Pub (Oakdale, Pennsylvania), and Xpose (Beaverton, Oregon)."

OpenAI offers to pay for ChatGPT customers’ copyright lawsuits; The Guardian, November 6, 2023

 Blake Montgomery, The Guardian; OpenAI offers to pay for ChatGPT customers’ copyright lawsuits

"Rather than remove copyrighted material from ChatGPT’s training dataset, the chatbot’s creator is offering to cover its clients’ legal costs for copyright infringement suits.

OpenAI CEO Sam Altman said on Monday: “We can defend our customers and pay the costs incurred if you face legal claims around copyright infringement and this applies both to ChatGPT Enterprise and the API.” The compensation offer, which OpenAI is calling Copyright Shield, applies to users of the business tier, ChatGPT Enterprise, and to developers using ChatGPT’s application programming interface. Users of the free version of ChatGPT or ChatGPT+ were not included.

OpenAI is not the first to offer such legal protection, though as the creator of the wildly popular ChatGPT, which Altman said has 100 million weekly users, it is a heavyweight player in the industry. Google, Microsoft and Amazon have made similar offers to users of their generative AI software. Getty Images, Shutterstock and Adobe have extended similar financial liability protection for their image-making software."

Artists may “poison” AI models before Copyright Office can issue guidance; Ars Technica, November 3, 2023

ASHLEY BELANGER , Ars Technica ; Artists may “poison” AI models before Copyright Office can issue guidance

"Rather than rely on opting out of future AI training data sets—or, as OpenAI recommends, blocking AI makers' web crawlers from accessing and scraping their sites in the future—artists are figuring out how to manipulate their images to block AI models from correctly interpreting their content."

An Apparent Cyberattack Hushes the British Library; The New York Times, November 3, 2023

 Alex Marshall, The New York Times; An Apparent Cyberattack Hushes the British Library

"Tasmina Islam, a lecturer in cybersecurity education at King’s College London said in an email that the motivation for attacking a library could be financial.

“Cybercriminals can access a lot of information from a library, including users’ personal data,” she said. Libraries also “store electronic books, research articles and various intellectual properties, all of which cybercriminals can exploit for illegal distribution,” Islam added.

The British Library incident “served as a warning for other libraries and institutions to assess their own security measures thoroughly,” she said."

Rory Cooper honored at White House by President Biden; University Times, University of Pittsburgh, November 2, 2023

University Times, University of Pittsburgh; Rory Cooper honored at White House by President Biden

"Rory Cooper, who has been given a slew of awards over the years for his work in rehabilitation sciences, found himself at the White House last week, where President Joe Biden bestowed on him the nation’s highest honor for technological achievement.

Cooper is founding director of Pitt’s Human Engineering Research Laboratories and, since 2021, assistant vice chancellor for research for STEM-health sciences collaborations.

He was among several people Biden presented the National Medal of Technology and Innovation to on Oct. 24. On Oct. 26, Cooper, who holds nine U.S. patents and has nine more pending, also was inducted into the 50th class of the National Inventors Hall of Fame at a gala in Washington, D.C."

The Copyright Battle Over Artificial Intelligence; Hard Fork, The New York Times, November 3, 2023

Kevin Roose and Casey Newton, Hard Fork, The New York Times; The Copyright Battle Over Artificial Intelligence

"President Biden’s new executive order on artificial intelligence has a little bit of everything for everyone concerned about A.I. Casey takes us inside the White House as the order was signed.

Then, Rebecca Tushnet, a copyright law expert, walks us through the latest developments in a lawsuit against the creators of A.I.-image generation tools. She explains why artists may have trouble making the case that these tools infringe on their copyrights."

MPA Sees “No Need” For New AI Copyright Legislation Or Special Rules, Warns Of “Inflexible” Guidelines; Deadline, October 31, 2023

 Ted Johnson, Deadline; MPA Sees “No Need” For New AI Copyright Legislation Or Special Rules, Warns Of “Inflexible” Guidelines

"The studios’ positions on a host of issues regarding AI were outlined in a Motion Picture Association filing with the U.S. Copyright Office. AI also is said to be a major point of contention in talks between the SAG-AFTRA and the AMPTP.

In the filing (read it here), the MPA‘s legal team, including Karyn Temple, Benjamin Sheffner and Terrica Carrington, wrote that the studio members’ “overarching view, based on the current state, is that while AI technologies raise a host of novel questions, those questions implicate well-established copyright law doctrines and principles. At present, there is no reason to conclude that these existing doctrines and principles will be inadequate to provide courts and the Copyright Office with the tools they need to answer AI-related questions as and when they arise.”

They added, “At the current time, however, there is no need for legislation or special rules to apply copyright law in the context of AI.”"

Georgia State Hosts Deep-Dive Event on Intellectual Property and AI; Georgia State News Hub, October 26, 2023

Georgia State News Hub; Georgia State Hosts Deep-Dive Event on Intellectual Property and AI

"Experts from inside and outside Georgia State University gathered for “Protect Your Ideas: IP, AI and Entertainment,” a first-of-its-kind forum that gave students, faculty and staff a chance to share and learn about intellectual property and artificial intelligence with an eye toward entertainment. The Oct. 10 event was jointly sponsored by the university’s Office of the Vice President for Research and Economic Development, the College of Law and Popular Culture Collective.

“Atlanta is a national hub for creativity, commerce and research, so it makes sense that we at Georgia State strive to educate people about intellectual property,” said university President M. Brian Blake, who gave opening remarks at the event. “Understanding how to protect your ideas is critical, regardless of your field.”...

After remarks by leadership, Kenny Franklin, senior licensing associate with Georgia State’s Office of Technology Transfer & Commercialization, hosted a fireside chat with College of Law alum Scott Frank, president and CEO of AT&T Intellectual Property LLC and chair of the Georgia Intellectual Property Alliance. The dialogue helped define intellectual property and reflected on its meaning in today’s knowledge economy.

“I tell people that intellectual property is like oxygen. It’s all around us and we don’t see it, but we wouldn’t survive without it,” Frank said."

Judge pares down artists' AI copyright lawsuit against Midjourney, Stability AI; Reuters, October 30, 2023

 Blake Brittain, Reuters; Judge pares down artists' AI copyright lawsuit against Midjourney, Stability AI

"A judge in California federal court on Monday trimmed a lawsuit by visual artists who accuse Stability AI, Midjourney and DeviantArt of misusing their copyrighted work in connection with the companies' generative artificial intelligence systems.

U.S. District Judge William Orrick dismissed some claims from the proposed class action brought by Sarah Andersen, Kelly McKernan and Karla Ortiz, including all of the allegations against Midjourney and DeviantArt. The judge said the artists could file an amended complaint against the two companies, whose systems utilize Stability's Stable Diffusion text-to-image technology." 

What 70% of Americans Don’t Understand About Intellectual Property; Stites & Harbison, October 26, 2023

Mandy Wilson Decker, Stites & Harbison; What 70% of Americans Don’t Understand About Intellectual Property

"The United States Intellectual Property Alliance (USIPA) recently published the results of its US Intellectual Property Awareness & Attitudes Survey. Among its findings, the survey results revealed that 70% of Americans are unable to distinguish between mechanisms – patents, trademarks, copyrights, and trade secrets – for protecting Intellectual Property (IP).

Given these results, it's worth exploring the principal mechanisms for protecting IP, which each possess some distinctive features."

Justices Will Probe Trademarks’ Nature in ‘Trump Too Small’ Case; Bloomberg Law, October 30, 2023

 Kyle Jahner, Bloomberg Law; Justices Will Probe Trademarks’ Nature in ‘Trump Too Small’ Case

"The fight over ‘Trump Too Small’ is the latest in a series of cases the court has faced in recent years raising First Amendment questions over trademark registrations. Although the justices skipped deciding the broader constitutional questions when they struck down different statutory registration bans in 2017 and 2019, this time the nature of the government’s argument may force the justices to now draw a line in the sand, he said."