Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it.

Licensing 85

Licensing Copying Blogging Copyright 85

Technology & Marketing Law Blog

JULY 16, 2021

Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. . * Lona’s Lil Eats, LLC v. DoorDash, Inc., 2021 WL 151978 (N.D. New Yorker : Dude, Where’s My Couch? Handle, Inc.,

Advertising 108

Advertising Advertising Contracts Social Media 108

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.”

Contracts 72

Contracts Law Reporting Blogging 72

Plagiarism Today

MARCH 14, 2022

Genius filed the lawsuit in 2019 alleging that Google was unlawfully copying lyrics to songs that they had hosted. According to Genius, they had used watermarking techniques to prove that Google had copied from their database of lyrics. The post 3 Count: Dark Horse Dismissal appeared first on Plagiarism Today.

Settlement 201

Settlement Copyright Law Copying Plagiarism 201

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

Plagiarism Today

OCTOBER 21, 2021

They allege that American Skin copies elements from their 2017 screenplay, A Routine Stop. 2: Kairosoft, the Beloved Mobile Tycoon Game Developer, Openly Accuses its Chinese Publisher of Copyright Infringement and Contract Violation. The lawsuit was filed by filmmakers Selton and Langston Shaw.

Copyright Infringement 191

Copyright Infringement Social Media Publishing Licensing 191

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. The NFT is a smart contract coded with the NFT. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e. This limited edition Dune book may be one of 10 copies of this hardback auctioned.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

IP and Legal Filings

FEBRUARY 9, 2023

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

Copyright 78

Copyright Contracts Copying Licensing 78

Plagiarism Today

NOVEMBER 17, 2021

They are a way to sell “unique” copies of digital works but do not transfer any rights. Nonetheless, Mirimax claims to hold all the copyrights and trademarks related to the film, prompting them to file a lawsuit for breach of contract, copyright infringement, trademark infringement and unfair competition.

Non-Fungible Tokens 154

Non-Fungible Tokens Copyright Infringement Publishing Television 154

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. In November 2023, X corp.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Kluwer Copyright Blog

APRIL 15, 2024

3) What is the effect of open source licenses on the AI model that uses only some open source components? (4) There are many AI models that claim to be open source – just as there are multiple forms of open source licenses , from permissive licenses (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 103

Licensing Social Media Contracts Privacy 103

Plagiarism Today

SEPTEMBER 15, 2022

Morantz claims that he provided a digital copy of his book to aid in research, but that no deal to use it was struck before the episode was released. Morantz, who is 77, is suing Downey over alleged copyright infringement, breach of contract and elder abuse. The book covers Synanon, a drug rehab facility that morphed into a cult.

Reporting 196

Reporting Copyright Infringement Plagiarism Licensing 196

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Plagiarism Today

DECEMBER 6, 2021

At issue is pirate sites that, according to publishers, use the Shopify platform to sell pirate ebook copies of textbooks. However, in the absence of a clear contract, the court interpreted the situation favorably to MD5, claiming that Penhallurick was paid to write the software and that no further royalties were owed.

Copyright Infringement 194

Copyright Infringement Publishing Plagiarism Copyright 194

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. Ripps has clearly downloaded the digital files of the original BAYC collection, copied and re-used them to create his own RR BAYC collection. Ether (USD 1+ million).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

TorrentFreak

AUGUST 11, 2022

600,000 ‘Infringing’ Copies. This is based on the installed copies and the price both parties would have reached in a ‘fictitious’ negotiation. ” 579 ‘Infringing’ Copies. For one, it is unclear how many copies the U.S. Unfortunately, most of the legal paperwork is sealed.

Copying 142

Copying Copyright Infringement Government Licensing 142

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive.

Copyright 234

Copyright Non-Fungible Tokens Technology Plagiarism 234

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The process of creating a digital asset with a smart contract is called "minting". a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

43(B)log

APRIL 29, 2024

The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. Thingiverse cube Kitchen Cube made and sold copies of the Cube. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

Artwork 98

Artwork Contracts Ownership IP 98

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. This awareness is manifested by either directly addressing TDM in their Terms of Use or Content License Agreements, or alternatively by having specific policies, FAQs or summaries for TDM. In this fragmented landscape, self-regulation (e.g.,

Publishing 98

Publishing Art Licensing Copying 98

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). 7(1) and art. 17(7) CDSM Directive.

Copyright 121

Copyright Art Licensing Contracts 121

SpicyIP

JUNE 28, 2023

Simply put “march-in” rights would allow the government to take control of the IP rights of inventions owned by private companies if those inventions have been funded by public money through grants from the government or through licensing agreements with government R&D institutions. Who owns IP resulting from these agreements?

Government 98

Government Invention Contracts Intellectual Property 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

JUNE 27, 2023

2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Copyright contract safeguards and other additions to the Portuguese Copyright Code Most copyright contract rules required by the CDSM Directive are not innovative in light of the existing Portuguese copyright rules.

Art 103

Art Contracts Publishing Licensing 103

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch? It is claimed that the NFT technology can bridge this gap.

Non-Fungible Tokens 80

Non-Fungible Tokens Government Law Intellectual Property 80

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

Copying 75

Copying Ownership Derivative Work Contracts 75

Technology & Marketing Law Blog

APRIL 26, 2023

If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. We have previously observed the importance of notice in the analogous context of electronic consumer contracts.

Contracts 77

Contracts Copying Technology Licensing 77

TorrentFreak

FEBRUARY 20, 2023

Sales of the cheats and loader, which effectively bypassed Bungie’s copyright protections, amount to 1,361 copies in total. “The evidence shows that Phoenix sold more than one thousand copies of the cheats. — A copy of the arbitration Judge’s conclusions is available here (pdf). .

Copying 121

Copying Copyright Infringement Copyright Contracts 121

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. for taking reprographic usage licenses after paying a prescribed tariff.

Copyright 87

Copyright Licensing Higher Education Copying 87

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context.

Law 116

Law Licensing Publishing Intellectual Property 116

Velocity of Content

APRIL 25, 2023

And, if by that you mean you’re going to copy it in some way, you’re going to reproduce something that looks very similar to the original version with maybe a few amendments, or you’re getting it nicely reconfigured digitally, what you’re not really doing, then, is redrawing a figure.

Licensing 98

Licensing Copyright Publishing Contracts 98

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

According to section 17 , the creator of a work is the first copyright owner, but if the work is created as part of a contract of service, the employer is the first copyright owner unless the contract states otherwise (under section 17(c )). written in advance).

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Fair Use Ownership Copyright Licensing 52