Friday’s Endnotes – 09/15/23

Publishers’ Lawsuit Accuses Libgen of “Staggering” Copyright Infringement — “Cengage, Macmillan Learning, McGraw Hill and Pearson Education have filed a copyright infringement lawsuit against Library Genesis, a major ‘shadow library’ also known as Libgen. The publishers can’t currently identify the site’s operators but believe they are likely based overseas. Citing ‘staggering’ levels of infringement, the companies are seeking damages and an order that will allow them to seize the site’s domains or put them out of action.”

BREAKING: BGH asks CJEU for clarification of ‘pastiche’ — At IPKat, Mirko Brüß relays the latest news in the 24 year dispute brought by electronic artist Kraftwerk against hip-hop producer Moses Pelham over Pelham’s unauthorized use of a Kraftwerk sample. As Brüß explains, the CJEU is asked to weigh in on the legality of the sample after June 7, 2021, due to an intervening change in German law.

More Authors Sue OpenAI for Copyright Infringement — This week saw a new lawsuit filed alleging copyright infringement by AI developers. The suit is being brought by authors Michael Chabon, David Henry Hwang, Matthew Klam, Rachel Louise Snyder, and Ayelet Waldman, and alleges in part that the datasets used by OpenAI to train ChatGPT are infringing.

Time To Copyright Indigenous Designs? A Mexican Fashion Spat — A recent dispute involving fashion designer Caroline Herrera and her use of embroidery and textile designs from several indigenous communities in Mexico shines a light on debates to amend the country’s federal copyright law to protect the country’s indigenous arts.

U.S. Chamber Joins Innovators, Creators, Thought Leaders, Former Government Officials, Trade Associations, and Academics to Release New Intellectual Property Principles — “‘Activists have dismissed the importance of intellectual property policy and bad actors have stolen IP for monetary and competitive gain. This injures inventors and creators, damages emerging industries and businesses, and harms American consumers and workers. It is time to prioritize IP protections. A failure to do so will endanger future investment in innovation,’ said Patrick Kilbride, Senior Vice President of the Global Innovation Policy Center at the U.S. Chamber of Commerce.”