News of the Week; November 18, 2020

INTELLECTUAL PROPERTY

1. Boesen v. United Sports Publications, Ltd.: Court dismisses copyright claim, holding that publisher’s article that “embedded” Caroline Wozniacki’s Instagram post featuring plaintiff’s photograph constituted fair use. 
2. Flo & Eddie, Inc. v. Pandora Media, Inc.: Court denies anti-SLAPP motion by owners of pre-1972 sound recordings created by The Turtles, holding Pandora’s failure to pay for use of recordings was not a speech right
3. Artistic license and use of copyright in creative pursuits
4. The Pose Is Prologue
5. Despite RIAA’s Claim That YouTube-dl Is Infringing, Journalists Use It All The Time
6. GitHub, EFF Push Back Against RIAA, Reinstate Youtube-dl Repository
7. YouTube Seeks To Crack Down On COVID-19 Vaccine Conspiracies In Fact-Check Panels
8. Donald Trump Argues That Use Of ‘Electric Avenue’ In Campaign Video Was Transformative
9. Montgomery v. Holland: Second Circuit affirms dismissal of copyright infringement claim targeting 2014 television miniseries Rosemary’s Baby, holding it was not substantially similar to plaintiff’s short stories.
10. Is Software Patentable?
11. Scientific publishers propose installing spyware in university libraries to protect copyrights: The hypothetical plan to combat digital piracy called for the use of software to monitor those accessing academic material
12. Proctorio used DMCA to take down a student’s critical tweets: “This is really a textbook example of fair use”
13. Copyright rides to the rescue: Brompton Bicycle is protected by copyright
14. Copyright: Online platform operators’ liability for users illegally uploading copyright material
15. No Future for Copyright or Trade Dress Protection for Personal Planner Layout
16. The First Step to Protecting Your Brand in Canada 
17. EMPOWER-ing trademark infringement claims against public authorities
18. Four Seasons Total Landscaping: trademark lessons from a bizarre political event 
19. In a Galaxy Not So Far, Far Away: Millennial Falcon v. Millennium Falcon
20. Can Clickbait Cause Confusion? Purchasing AdWord Did Not Constitute Trademark Infringement or an Unfair Trade Practice
21. Will the growing second-hand market for fashion fuel trademark disputes?
22. Hugo Boss And Art Teacher Reach ‘Amicable Solution’ Over ‘Be Boss, Be Kind’ Trademark Application
23. Trademark everything: The not-so-secret world of celebrity IP
24. Why Don’t Conservatives Care About Copyright?
25. Food Industry Insight – The Trade Dress of a Cookie is Held to be Functional
26. Ninth Circuit Rules That the Identification of a Trade Secret May Be Developed Through Discovery 
27. Patent eligibility in Canada clarified with new Examination Guidelines
28. CIPO’s new guidelines on patentable subject matter explained
29. Presumed essential: CIPO clarifies its approach toward eligibility analysis following Federal Court decision 
30. Canadian Patent Office Issues Guidance to “Cooperate” With Inventors of Computer-Based Inventions 
31. Supreme Court to Decide Constitutionality of Patent Board 
32. Moderna’s covid vaccine is promising news, but IP issues may mean the financial windfall it enjoys are limited
33. Working with known materials in life sciences: Key patent considerations
34. Canadian courts show trend of awarding higher costs in IP litigation
35. Five things to know about protecting IP rights on Amazon 
36. Law Bytes Episode 69: Bram Abramson on the Government’s Plan to Regulate Internet Streaming Services (Michael Geist)
37. Amazon Sues Two TikTok, Instagram Influencers For Alleged Scheme To Sell Knockoff Designer Goods
38. The Case Against Holding Amazon Liable for Third-Party Merchants’ Sales in its Marketplace (Eric Goldman)
39. Facebook Expands Access To ‘Rights Manager’ Video Copyright Tool, Rolls Out In-Stream Ads To 4 More Countries
40. Facebook Can Block Scraper (For Now)–Facebook v. BrandTotal (Eric Goldman)
41. Trump admin puts a hold on TikTok ban it seems to have forgotten about
42. Trumpland Apparently Just Forgot About Its Manufactured TikTok Hysteria
43. Commerce Department Remembers It Was Supposed To Ban TikTok; Says It Won’t Enforce For Now
44. Alphabet CEO: Plan to target EU commissioner was not “sanctioned” by me
45. Upload Filters And The Internet Architecture: What’s There To Like?
46. Content Moderation Case Study: GoFundMe Addresses Controversial Fundraising Efforts (2020)
47. Counterfeit Merch Is A Big Problem For Creators, And It’s Even Worse Than You Think.
48. YouTube Will Now Serve Ads On Channels That Aren’t Eligible For Its Partner Program — Though Creators Won’t Earn A Cut
49. GitHub agrees RIAA claim is bunk, restores popular YouTube download tool
50. Audiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works
51. IP Rights and AI-Generated Works
52. Video: Using AI to create interactive digital actors
53. The dance-off ends: a (partial) resolution to Fortnite’s slurry of copyright
54. Court Upholds Gaming App’s Clickthrough TOS–Ball v. Skillz (Eric Goldman)
55. Judge dismisses Apple’s “theft” claims in Epic Games lawsuit
56. Apple will halve App Store platform fees for smaller developers in 2021
57. Apple drops its cut of App Store revenues from 30% to 15% for some developers
58. Apple to cut down App Store share to 15% for small developers: The company’s new App Store Small Business Program means studios earning less than $1m a year in proceeds will benefit from a reduced commission
59. Epic CEO: App Store changes offer ‘no relief to customers’ from ‘Apple Tax’
60. Streamers protest Twitch DMCA policy with homemade video game noises: Beep beep beep. Pow! Schooooo… po-pow!
61. Twitch eyes new tools, licensing deals after ‘understandably frustrating’ DMCA takedowns
62. Twitch streamers report DMCA takedowns for in-game sound effects: Content creators report flags on sounds such as clock chimes, police sirens, bird noises, and wind
63. Twitch Continues To Trip Over Itself In Response To DMCA Apocalypse
64. Twitch’s No Good, Very Bad Time Continues: Part 1
65. Is a Tattoo Protected by Copyright? Is it Infringed if it Appears in a Computer Game? 
66. Star Trek’s Space-Traveling Tardigrades Live Long and Prosper After Second Circuit Affirms Non-Infringement of Video Game Copyright
67. Epic releases thousands of What Remains of Edith Finch assets for free
68. Happy 20th Birthday To ‘No One Lives Forever’, The Classic PC Game That Can’t Be Sold Today Thanks To IP
69. Why are there no James Bond games?: In the absence of new film No Time To Die, we explore 007’s ongoing absence from video games and the challenge of developing with a licenc
70. New League of Legends character not based on real person, says Riot
71. U.S. Patent No. 10,471,357: Systems and methods for simulating a particular user in an interactive computer system

Jon