HACKED! Regain Control of Your Social Media Identity
Imagine receiving a call from a friend asking about a new money-making opportunity you just posted on your social media account. Only, you did not post it. This is a story that many social media users face as the number of hacked social media accounts continues to rise. In a letter dated March 5 2024, 41 state Attorney Generals wrote Meta Platforms Inc. highlighting a significant rise in the number of hacked accounts being reported to their offices, (noting increases from 2022 to 2023: 730% increase in Vermont; 330% increase in North Carolina; 256% increase in Illinois; and 270% increase in Pennsylvania), and urging Meta to take immediate action. In a world where social media is engrained as a daily part of our lives, losing control of your social media identity can cause stress and have an impact on your professional and personal brand. Here are some suggested steps you can take to prevent having your account taken over and address it should hacking occur.
Read MoreArtistic Value May Prevent Protection of the Vespa Shape as a Trade Mark in Italy
The Italian Supreme Court recently issued a decision addressing whether the Vespa shape, already protected under copyright, was precluded from registration as a 3D mark. According to the Court, a shape’s artistic value usually confers substantial value which prohibits trade mark registration under Italian law.
Read MoreBattle of the Bags: UNIQLO Sues SHEIN in Japan Over Viral Handbag Dupe
In January 2024, UNIQLO CO., LTD. (UNIQLO) announced that it had filed a lawsuit before the Tokyo District Court against Roadget Business Pte. Ltd., Fashion Choice Pte. Ltd., and SHEIN Japan Co., Ltd. (collectively, SHEIN Parties). UNIQLO alleges that the SHEIN Parties have infringed Japan’s Unfair Competition Prevention Act by selling dupes of UNIQLO’s popular round mini shoulder bag, which went viral on TikTok last year due to its minimalistic, water-repellent exterior and ability to hold a surprisingly large volume of products for its size. UNIQLO is demanding that the SHEIN parties cease selling the dupe bags and pay damages incurred as a result of sale of the SHEIN Parties’ dupe products.
Read MoreThe UK Fails to Agree to a Voluntary Code of Practice for Copyright and Gen AI
An initiative to create a voluntary code of practice on copyright and Generative AI (“Gen AI”) has failed to reach an agreement. The UK Intellectual Property Office (UKIPO), who led the conversations that started mid-2023, has not been able to reach consensus within the working group in relation to the use of copyright protected works to train Gen AI models. The announcement is a disappointment to many including the creative industry, who were awaiting clarification on their position in protecting their works and retrieving compensation, and technology industry who were seeking clarity how future technologies can be developed.
Read MoreJury Clears Los Angeles Tattoo Artist of All Copyright Infringement Claims In One of the First Significant Post-Warhol Transformative Use Cases
On 26 January2024, a federal jury in Los Angeles handed down its verdict in one of the first copyright infringement cases to grapple with fair use after the Supreme Court’s 2023 Warhol decision.1 The trial concerned a dispute over a tattoo inked by Katherine Von Drachenberg (known as Kat Von D), and related social media posts. In the Kat Von D case, plaintiff Jeffrey Sedlik argued the tattoo and posts infringed upon his copyright in a photograph of jazz musician Miles Davis that was indisputably utilized to create the tattoo and featured in one of the posts. Emphasizing the case-specific nature of fair use, the Los Angeles jury handed down a complete defense verdict.
Read MoreU.S. Copyright Review Board Affirms Rejection of Copyright Registration for Work Created With AI Application
In a decision dated 11 December 2023, the Copyright Review Board of the United States Copyright Office affirmed the Office’s refusal to register an AI-generated artwork submitted by Ankit Sahni.
Read MoreU.S. Supreme Court Rules Against Andy Warhol Foundation in Copyright Fair Use Dispute Over Prince Portrait
In a decision closely watched by the visual arts community and content creators alike, the U.S. Supreme Court held on May 19, 2023, that pop artist Andy Warhol’s orange silkscreen portrait of the musician Prince (“Orange Prince”), adapted from photographer Lynn Goldsmith’s original photograph of Prince, was not “fair use” under copyright law. Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 598 U.S. _ (2023).
Read MoreCopyright Implications of Generative AI Systems
Generative AI systems like ChatGPT and DALL-E have been attracting media attention for their potential to cause disruption across a range of industries. In a recent report, Goldman Sachs estimated that generative AI systems could impact 300 million full-jobs globally. In the same report, Goldman Sachs found that the same AI systems could also boost global productivity and lead to a 7% increase in annual global GDP.
Read MorePublic Consultation Underway for Australian Copyright Enforcement Regime
On 24 November 2022, the Australian Attorney-General the Hon Mark Dreyfus KC MP announced the Attorney-General’s Department intention to release an issues paper for public consultation, as the first stage of a review into Australia’s current copyright enforcement regime. The broad aim of the review is to understand:
- Current and emerging copyright enforcement priorities and challenges;
- Whether Australia’s copyright enforcement regime remains relevant, effective and proportionate; and
- Whether existing enforcement mechanisms need to be strengthened, and if so, how this could be done without imposing unreasonable administrative or economic burdens.