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Articles by Emma Johnsen
"Data Please! Can disclaimers or terms & conditions really stop generative AI from scraping copyright protected works?"
In October 2024, Penguin Random House announced a significant policy change regarding the use of its literary works in the training of AI models. This move marks a notable shift in the publishing industry’s approach to the intersection of copyright law and AI development, reflecting growing concerns over the potential misuse of copyrighted materials and the ethical implications of AI-generated content. Can disclaimers help protect works from being used for unauthorised AI training? What happened?
Hey AI, can you discreetly transcribe my meeting?
AI transcription services for meetings are soaring in popularity, alongside a plethora of "Virtual PAs" designed to simplify the lives of busy individuals. However, with the increasing instances of an unexpected, uninvited guest at meetings – namely, AI transcription – it begs the question: is covert, non-consensual AI transcription legal in NSW? As with most things involving AI, the legal landscape is a tad murky.
Tay-Law: Deep fakes and the dark side of AI
With the recent news that a finance worker in Hong Kong was conned out of $39million of company funds after scammers used AI software to imitate the workers senior colleagues in a “deep fake” video, deep fakes are rapidly becoming a very real concern. Last month Taylor Swift was a victim of AI pornography after graphic images of the singer emerged on X which were viewed more than 45 million times. Consequences of deep fakes can be significant and not just for those in the public eye.
Trade Marks 101 (Taylor’s Version)
In the first of a series of Tay-Law related updates, here we explain the importance of trade marks - through the world of Taylor Swift. Through her company TAS Rights Management, LLC, Tay Tay has registered 100s of marks around the world ranging from her own signature to some of her famous song lyrics. Here we go back to basics on the importance of trade mark registration. Why should I register a trade mark? To protect your brand.
Impact Statement: Vol.5 2023
Marque Lawyers acknowledges the Gadigal People of the Eora Nation as the Traditional Custodians of the land where this publication was developed. IMPACT STATEMENT Law, done differently. Vol.5 2023 Marque Lawyers acknowledges the Gadigal People of the Eora Nation as the Traditional Custodians of the land where this publication was developed. We recognise their continuing connection to land, skies and seas and thank them for protecting this coastline and its ecosystems since time immemorial.
Can an Australian soccer legend outrank FIFA contractual terms?
Ground staff at Allianz Stadium have been busy covering the brass plaques bearing the names of several Australian sporting legends to comply with a directive issued by FIFA ahead of the Women’s World Cup after SCG Trust, which operates Allianz Stadium and the SCG, was directed to remove all unofficial branding from its sites (including the Allianz Stadium logo, the Sydney Roosters logo and anything that has the SCG Trust Logo) due to FIFA’s “clean site” policy that applies at host stadiums.
AFL Concussion class action looms
The Australian Football League may be hit with a class action on behalf of former players who have suffered long term symptoms from knocks to the head while playing. A Melbourne law firm has registered its intent to bring class action against the AFL in the Supreme Court of Victoria. This will be the first of its kind in Australia –following in the footsteps of the USA, where more than 4,500 football players sued the NFL before reaching a US$765 million settlement. What happened in the NFL?
An update about ChatGPT, written largely by ChatGPT.
There are a lot of legal articles doing the rounds about ChatGPT, so we asked ChatGPT to write a legal article about ChatGPT. What ChatGPT says ChatGPT, the talkative language model developed by OpenAI, is causing quite a stir in legal circles. Lawyers are scratching their heads, trying to figure out how to handle this chatty AI's impact on privacy, intellectual property, and accountability. Let's start with privacy.
How financial fraudsters like Melissa Caddick can fool anyone
Melissa Caddick's story has barely left the headlines since November 2020. But the investment scam she is accused of perpetrating is nothing new. So why do fraudsters keep coming for our investment portfolios? And how do they pull off the con? Elizabeth McArthur writes. In a courtroom in Sydney on June 29, a judge heard that Melissa Caddick's fraud cost 72 investors approximately $23 million, maybe even more. Caddick wasn't there to defend herself.
TikTok finfluencers could face $100k fines for giving advice
Aspiring influencers are spruiking their tips for financial success across YouTube, Twitter, Instagram, Reddit and in particular FinTok, the corner of TikTok filled with stock tips and investment advice. Social media is the wild west of financial information and, according to ASIC, it's an "area of big concern". At a recent joint parliamentary committee, ASIC said that the rise of finfluencers giving unlicensed financial advice on social media platforms was a big topic.
Google reigns Supreme: The Google v Oracle fight comes to an end | Lexology
Australia April 16 2021 Picture this: it is 2030, a small app developer creates an app that detects smells through your phone. Google steals some of the code, modifies it and develops something new and exciting called "Google Smell." Billions of people start using Google Smell. The developer tries sues for infringement but, because Google Smell has become part of everyday life, US law says there's no case for Google to answer. Sound fair?
Gender & sport: The challenges | Lexology
Australia February 16 2021 Should transgender women, or non-binary people, be allowed to play in women's sports leagues? This is a question that is being asked increasingly, and one that has been brought to light again here in Australia with the recent legal dispute between transgender footballer Hannah Mouncey and the AFL, after Hannah was not permitted to play in Canberra's First Grade AFL competition.
Who owns the Aboriginal flag?
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Who owns the Aboriginal flag? | Lexology
Australia
August 19 2020 Each year the AFL dedicates one round of the season to the recognition and celebration of Indigenous players and culture, renamed the Sir Doug Nicholls round in 2016. Sir Doug played 54 games for Fitzroy and was the first Aboriginal person to be knighted. The Aboriginal flag has become synonymous with the round, however this year the Aboriginal Flag will be absent. Why? Because the flag design is privately owned. Copyright in a flag?
Amazing, Grace Period. Changes To Australian Design Laws
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The after-life of art: Netflix series by Ricky Gervais used a fake indigenous painting – does it matter? - Intellectual Property - Australia
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
If You’re Having Alphabet Problems, I Feel Bad For You Son, I Got 99 Problems But My ABC’s Aren’t One.
DON’T MISS ANYTHING! ONE CLICK TO GET NEW MATILDA DELIVERED DIRECT TO YOUR INBOX, FREE! In the continuation of Marque’s exposé into Jay-Z’s 99 problems, where we seek to ascertain what issues do not form part of those 99 problems, we have discovered that learning the alphabet is not one. Emma Johnsen and Nathan Matlock explain.
The After-Life Of Art: Ricky Gervais’ Netflix Series Used A Fake Indigenous Painting. Does It Matter?
DON’T MISS ANYTHING! ONE CLICK TO GET NEW MATILDA DELIVERED DIRECT TO YOUR INBOX, FREE! Every now and then, the mob win one. Nathan Mattock and Emma Johnsen from Marque Lawyers explain. Ricky Gervais has agreed to pay compensation to famous Aboriginal artist, Warlimpirrnga Tjapaltjarri, for using an unauthorised reproduction of his work entitled ‘Tingarri Dreaming’ in his TV series ‘After Life’. Finally, cultural misappropriation has had a consequence.
If youre having alphabet problems, I feel bad for you son, I got 99 problems but my ABCs arent one. - Intellectual
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I knew you were trouble when you walked in: the blank space between Taylor Swift and her master recordings. - Media, Telecoms
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I knew you were trouble when you walked in: The Blank Space between Taylor Swift and her master recordings. | Lexology
Australia
December 2 2019 Taylor Swift has made it clear she is never ever getting back together with her old record label, like, ever. TayTay has been embroiled in a twitterspute with Scooter Braun, more commonly known as Justin Bieber's manager, over the rights to the back catalogue of her master recordings. Let's just say there is some bad blood.
Esports is it a sport, a business or both? | Lexology
We look at the legal issues circling this new, weird millennial thing called esports Unless you've been hiding under a rock, or outside in fresh air engaging in outdoor sport, you will have seen the explosion of what is known as esports (a.k.a. electronic sports). Esports is competitive video gaming. We are talking about global audiences of 35 million, prize money of up to $25 million per tournament and crowds big enough to sell out Madison Square Garden three nights running.
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