Technology & Marketing Law Blog

AUGUST 29, 2022

Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Paxton, amicus brief in support of emergency application for administrative relief to the US Supreme Court, May 2022. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Blog Posts.

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Amount taken.

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

TorrentFreak

FEBRUARY 23, 2022

This represents an increase of 104% from 2020. These figures represent a substantial increase over those published for 2020. Primarily they must deal with copyright, not other issues such as privacy or harassment. under the doctrine of fair use.

Copyright Infringement 107

Copyright Infringement Copyright Copyright Notice Reporting 107

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. They filed a lawsuit in 2020 equating IA’s controlled digital lending operation to copyright infringement.

Copyright 115

Copyright Fair Use Copying Publishing 115

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Callahan v. I’m keeping my fingers crossed this anomaly gets fixed somewhere in this litigation.

Advertising 90

Advertising Advertising Social Media Blogging 90

43(B)log

FEBRUARY 18, 2022

Saying “this is what people do” compared to “this is the law” is very useful. Bill McGeveran: interesting b/c privacy/data protection regimes are very different in the two regimes. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases. Was there no overlap at all?

Fair Use 59

Fair Use Contracts Litigation Copying 59

IP Tech Blog

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Major League Baseball, for example, uses the tracking system Hawk-Eye. The system captures over 40 terabytes of data each season, in addition to data from Statcast (acquired by Google Cloud in 2020).

Privacy 57

Privacy Inventor Technology IP 57

LexBlog IP

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Major League Baseball, for example, uses the tracking system Hawk-Eye. The system captures over 40 terabytes of data each season, in addition to data from Statcast (acquired by Google Cloud in 2020).

Privacy 52

Privacy Inventor Technology Intellectual Property 52

Copyright Lately

MAY 21, 2021

In 2019, Dolezal, then represented by notorious copyright troll Richard Liebowitz, filed a lawsuit against the publisher of Paper Magazine for using a photo from her Instagram account in a story. CBS’ use of her photo almost certainly qualifies as fair use, if she even owns the copyright in the first place.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

43(B)log

FEBRUARY 24, 2023

Before 2020 we had a genericness doctrine, now we don’t—the rule that you can’t come back from genericide was a rule and now it’s just gone. Are we seeing claims adjoined to TM that suggest related problems, the way we’re now seeing © and privacy claims brought together? Maybe not b/c TM is already so capacious. [TM TM and ROP, maybe.]

Trademark 49

Trademark Branding Brands Branding 49

Copyright Lately

MARCH 6, 2023

Coakley’s Certificate of Engagement (from court files) Allegations of On-Set Misconduct Emerge Runt premiered at the Mammoth Film Festival in February 2020 , where the film took home the festival’s Audience Award for Best Feature Film. The Sixth Circuit ruled in Balsley’s favor, rejecting Hustler ‘s fair use defense.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Is the PTO capable of applying First Amendment balancing tests such as transformative use or fair use in routine registration decisions?;

Registration 69

Registration Government Advertising Advertising 69

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple positions itself as more privacy-supportive than the other tech giants, but then it committed an unforgiveable privacy faux pas by unveiling plans to proactively scan client-side files for illegal CSAM. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Emerging Tech.

Social Media 125

Social Media Law Privacy Government 125

Technology & Marketing Law Blog

JANUARY 24, 2023

It also puts users’ privacy and security (including minors’!) Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. This discourages visits to new sites, which will reward incumbents and thwart new market entrants.

Law 113

Law Social Media Government Privacy 113