The world was a much smaller place in 1946 when Congress passed the Lanham Act, the legal framework for U.S. trademark protection. Last week, the Supreme Court decided the Lanham Act is applicable almost exclusively to infringement on U.S. soil. Companies that expect to rely on Lanham to protect foreign trademark violations through U.S. lawsuits are well-advised to come up with another plan. Until Congress updates the code. Led by Sonia Sotomayor, four justices said it was appropriate to adopt a broader standard “when there is a likelihood of consumer confusion in the United States.” Continue reading SCOTUS Limits Enforcement of Foreign Trademark Violations

Entertainment and communications leaders explored the impact of artificial intelligence and anticipated the larger changes ahead at the inaugural Synthetic Media Summit, presented by the Entertainment Technology Center at USC in partnership with NAB Amplify, SMPTE and sponsor Wizeline, in conjunction with the USC School of Cinematic Arts and USC Annenberg School for Communication and Journalism. Speakers addressed how new technology will make VFX cheaper and faster for studios, while for indies it will open new frontiers. Teaming AI with tools such as Unreal Engine is expected to level the playing field and launch a new era of virtual production. Continue reading Thought Leaders Analyze AI at ETC Synthetic Media Summit

Character.AI is a new chatbot that generates facsimiles of conversations with famous personages or original creations. Napoleon Bonaparte, Billie Eilish and Ariana Grande are among the  historical or contemporary characters the site recreates using a neural network. Anyone can use the free app to create a character, whether fictional or real, dead or alive, but a paid offering called c.ai+ provides perks including faster response times, priority access and early previews of new features. In addition to a website, the app launched on iOS and Android this month, triggering 700,000 Android installs within 48 hours. Continue reading Character.AI Lets Users Chat with Wide Variety of Characters

The European Commission has come out with a list of countries whose problematic copyright policies pose the biggest threat to EU interests. China is “Priority 1” among nations lacking intellectual property and trademark protections. Categorized as “Priority 2” are India, Indonesia, Russia, Turkey and Ukraine. Less troubling but still problematic are Argentina, Brazil, Ecuador, Malaysia, Nigeria, Saudi Arabia and Thailand, which fall into “Priority 3.” Several reports noted U.S. absence from the list, but the fact that this hotbed of piracy has aggressively implemented website blocking was viewed as mitigating. Continue reading EU Report Identifies China as Bloc’s Biggest Piracy Problem

A new government agency that licenses artificial intelligence above a certain capability, regular testing, and independent audits were some of the ideas to spring from a three-hour Senate judiciary subcommittee hearing to explore ways in which the government might regulate the nascent field. OpenAI co-founder and CEO Sam Altman advocated for all of the above, stressing the need for external validation by independent experts, strict cybersecurity, and a “whole of society approach” to combatting disinformation. While Altman emphasized AI’s advantages, he warned “if this technology goes wrong, it can go quite wrong.” Continue reading Politicians and Tech Leaders Gather to Discuss Regulating AI

The Human Artistry Campaign launched at South by Southwest (SXSW) last week with a goal “to ensure artificial intelligence technologies are developed and used in ways that support human culture and artistry — and not ways that replace or erode it.” With support from over 40 industry organizations — including the Recording Academy, SAG-AFTRA and the Recording Industry Association of America (RIAA) — the coalition outlined principles advocating AI best practices, emphasizing “respect for artists, their work, and their personas; transparency; and adherence to existing law including copyright and intellectual property.” Continue reading Music Industry and Copyright Office Advance Positions on AI

A new artificial intelligence service offering free watermark removal from photographs is causing worry among copyright holders. Photographers took to Twitter to complain about this threat to their livelihoods while the creative community at large pondered the broader implications for AI infringement on intellectual property rights — a central aspect of discussions involving ChatGPT, which was trained using privately held as well as public domain data. Available to download as an app from sites including Product Hunt and the Google Play Store, the WatermarkRemover.io app itself is legal, while some of its potential uses are not. Continue reading Watermark-Erasing AI Worries Photographers, Other Creatives

Quantum computing promises future benefits, but also poses present-day cybersecurity risks that the federal government is urging commercial businesses to prepare for now. In fact, a law passed in December, the Quantum Computing Cybersecurity Preparedness Act, requires federal agencies to develop security plans addressing the vulnerability posed by the so-called “Y2Q” moment. Quantum computers are so quick and efficient as to be able to crack virtually any encryption. Although quantum computing is still in the development stage, the machines are expected to reach practical operability by 2030. Continue reading Feds Say Time to Prep for Y2Q Quantum Computer Hacking

Select Gmail users are getting expanded access to a beta test for new end-to-end encryption features from Google. Google Workspace Enterprise Plus, Education Plus and Education Standard can apply to join the beta test until January 20, 2023. “Using client-side encryption in Gmail ensures sensitive data in the email body and attachments are indecipherable to Google servers,” the company says, adding that customers will retain control over encryption keys. Users will be able to activate the additional encryption by clicking the padlock button in Gmail. Activating the extra security will disable features like emoji and signatures. Continue reading Google Introduces End-to-End Encryption Features for Gmail

Intellectual property protection is leveraging the power of AI using search. MarqVision is a firm built around monitoring e-commerce and general content platforms policing IP rights, with particular attention to blockchain and NFTs. The Los Angeles-based startup has raised $20 million in Series A funding to further its goal of detecting counterfeits and having them removed from points of online distribution and sale. Originally incubated at Y Combinator, MarqVision has put together a client base that spans from luxury brands LVMH, Ralph Lauren and Baccarat to the more populist Pokémon. Continue reading MarqVision Raises $20 Million to Help Monitor and Protect IP

OpenAI is expanding its beta outreach for DALL-E 2 by inviting an additional one million waitlisted people to join the AI imaging platform over the coming weeks. DALL-E users will receive 50 credits during their first month of use and 15 credits every subsequent month, with each credit redeemable for an original DALL-E-prompted generation (returning four images) or an edit or variation prompt (which returns three images). Additional credits may be purchased in 115-generation increments for $15. Starting this month, users get rights to commercialize their DALL-E images. However, the move highlights the legal implications of AI and possible copyright infringement. Continue reading Legal Questions Loom as OpenAI Widens Access to DALL-E

The Metaverse Standards Forum is moving forward with plans to facilitate standards for an open, interoperable metaverse. The consortium, which announced this week it is open for business, emphasized it is not a new standards organization, but “will simply coordinate requirements and support for existing standards organizations developing standards relevant to the metaverse under their existing governance models and intellectual property frameworks.” It is backed by private firms including Meta, Microsoft, Qualcomm, Adobe, Nvidia, Epic Games and Sony Interactive, as well as non-profits like the World Wide Web Consortium, Web3D and the Academy Software Foundation. Continue reading Diverse Groups Unite to Create Metaverse Standards Forum

As blockchain projects diversify into sales marketplaces for creative works, many find themselves dealing with copyright problems due to uncertainty as to how existing law applies to things like NFTs (non-fungible tokens) and DAOs (decentralized autonomous organizations). For instance, while purchase of an NFT confers certain rights, copyright isn’t one of them, unless the buyer applies for a standard copyright license. Spice DAO spent $3 million to purchase director Alejandro Jodorowsky’s 1970s illustrated pitch for an unfilmed version of “Dune,” only to have the “Dune” copyright holder block the ability to turn the storyboards into an animated film. Continue reading IP Protection for NFTs and Blockchain Assets Is Still Unclear

TikTok plans a gaming ramp-up and is adding a variety of improvements to enhance the platform and improve revenue. At present, gaming is extremely limited on TikTok, but the company is reportedly conducting tests in Vietnam preparatory to a big gaming push. TikTok is also introducing “Branded Mission” to connect creators with brands for possible remuneration. And, after years of controversy over attribution, TikTok is launching a button that lets creators add credits for their inspiration as part of the publishing process, tagging others upon whose work theirs is built. Continue reading TikTok Debuts Creator Crediting, Explores Adding Minigames

The U.S. and European Union are seeking to establish joint policies that advance cooperation and democratic approaches to trade, technology, and security on both sides of the Atlantic. The second meeting of the U.S.-EU Trade and Technology Council (TTC) — May 15-16 in Saclay, near Paris — emphasized how Washington, Brussels and other free-market democracies should develop a joint response to the challenges presented by dictatorships and their controlled economies. In addition to semiconductor supply chain issues, topics including China’s digital clout, export controls for technology IP and human rights were discussed. Continue reading The U.S. and European Union Strategize Global Tech Policies