News of the Week; June 10, 2020

INTELLECTUAL PROPERTY

1. Entertainment Software Assoc. v. Society Composers, (2020 FCA 100)
2. CMRRA-SODRAC Inc. v. Apple Canada Inc., (2020 FCA 101)
3. Read All About It: SDNY Rejects Newsweek’s Defenses Over Embedded Content Copyright Claims
4. Brown v. Netflix Inc.: Use of eight seconds of children’s song “Fish Sticks n’ Tater Tots” in documentary film depicting burlesque dancer in “reverse mermaid” costume was held to be transformative fair use
5. Major Publishers Sue The Internet Archive’s Digital Library Program In The Midst Of A Pandemic
6. After Taming Open Access, Academic Publishing Giants Now Seek To Assimilate The World Of Preprints
7. The Federal Court of Appeal Makes its Making Available Judgment Available: It’s Not Just About “The Vibe”
8. Access Copyright v. York University – Some Thoughts on the Federal Court of Appeal’s Judgment (Howard Knopf)
9. Judge Orders Down ‘N Out Burger Joint To Hand Over All Signage To In-N-Out, Which Has Almost No Presence In Australia
10. Unauthorized Photographs: The Rights Of The People We Capture
11. With website blocking and international treaties, copyright law evolves with the digital domain
12. Copyright: Works of artistic craftsmanship and Cofemel
13. No, California Law Review, Food Plating Does Not Deserve Copyright Protection
14. Is 3D printing a threat to the value of IP portfolios?
15. Making the best of a bad situation – Canadian trademark trends in a time of change
16. Trademarks: Specifications and bad faith
17. Supreme Court Helps Trademark Owners: Proof of “Willfulness” Is Not Required To Recover Infringer’s Profits
18. Baskin in glory: the Tiger King loses zoo to rival in trade mark battle
19. Trump Campaign Gets Parody Cartoon Taken Down Off Redbubble Over Trademark Claim On MAGA Hats
20. Infringement Action Under PM(NOC) Regulations Cannot Become Moot
21. Traditionally bred plants and animals are no longer patent eligible at the European Patent Office – what is still protectable?
22. Impact of COVID-19 on patent ecosystem
23. Design Patent Protection for Fashion
24. Joint Ownership of Patents: It Is Not Always Nice to Share
25. A Non-Precedential Case Study: Federal Circuit Says District Court Did Not Clearly Err in Holding Dosing Patent Invalid Based on Obviousness and Obviousness Type Double Patenting
26. Think Of The Kitten: A Crash Course On Section 230
27. Twitter Taking Down Trump Campaign Video Over Questionable Copyright Claim Demonstrates Why Trump Should Support Section 230
28. Section 230 Applies to Publicity Rights Claim–Hepp v. Facebook (Eric Goldman)
29. Norway Supreme Court Signs Off On Apple’s Harassment Of An Independent Repair Shop
30. YouTube Provides Rare, Robust Window Into Monetization Guidelines For Creators
31. Don Henley Tells Senators: We Must Change Copyright Law… Because The People Like TikTok?
32. Instagram and Embedding Photos – An Update and a Bombshell (?) from Instagram
33. Algo IP: Intellectual Property in Algorithms, Computer Generated Works and Computer Implemented Inventions
34. Protecting AI inventions
35. Artificial Intelligence Systems and IP
36. What if HAL could have IP rights? WIPO joins the conversation on AI and IP
37. Guelph Treasure Heirs Respond to U.S. Brief that Argued Nazi Art Theft Was a Domestic Affair
38. Ubisoft Alleges Rainbow Six Siege Infringement by Ejoy.com
39. Brantley v. Epic Games, Inc.: Trademark & related claims targeting use of “Running Man” dance move in Fortnite dismissed; claims pre-empted by Copyright Act & failure to allege protectable trademark.
40. Guinness World Records People Accidentally Claiming Copyright On Tons Of ‘Super Mario Bros.’ Speedruns
41. SimRefinery, a long lost training simuator from Maxis, has been recovered
42. A lost Maxis “Sim” game has been discovered by an Ars reader [Updated]

Jon