Kluwer Copyright Blog

APRIL 15, 2024

In the generative AI era, there is a proliferation of open source claims ( i.e. operators that claim to release AI models sufficiently open to be part of the open source or open innovation movement, as opposed to closed-source model), such as open source and open access foundation models (e.g. (2) GNU GPL or the BSD license ).

Licensing 56

Licensing Social Media Contracts Privacy 56

TorrentFreak

DECEMBER 19, 2022

Given the obvious sensitivities, ACE publicly prefers “unauthorized password sharing” as a descriptor and elsewhere the phrase “without permission” is in common use. Since password sharing is almost always a violation of streaming services’ terms of service, observers have tended to paint it as such.

Intellectual Property 145

Intellectual Property Contracts Government Copyright Law 145

IP and Legal Filings

OCTOBER 31, 2023

Introduction with the term “Generic” The literal meaning of a generic term is “a word or phrase that cannot acquire a secondary meaning because it is a general or common term for the product or service offered”.However, The owner of a generic trademark has limited enforcement rights.

Trademark 59

Trademark Trademark Law Registration Fair Use 59

Technology & Marketing Law Blog

FEBRUARY 16, 2024

The screens all use an if-then statement predicated on a user’s click (by submitting your order, you agree to the TOS) and place the call-to-action near the “order” button, albeit in different places (above, below, to the side). NOTE: The Meyer case enforced a TOS linked using a blue font that was underlined.

Blogging 66

Blogging Marketing Marketing Technology 66

TorrentFreak

MARCH 18, 2024

Not all publishers are happy with IA’s service which triggered a massive legal battle four years ago. Publishers Respond to IA’s Appeal IA argued that its scanning-and-lending activities amount to fair use. The publishers state that more than 93% of the public libraries in the US license ebooks through official channels.

Publishing 109

Publishing Fair Use Copying Music 109

Plagiarism Today

MAY 18, 2022

Disclaimer: I am not a lawyer, and nothing in this post is intended to function as legal advice. However, for every site that offers free stock photography, there are dozens of articles saying why you shouldn’t use them. As such, the people in the photo, if they are recognizable, may be able to sue those that use it.

Licensing 295

Licensing Copying Public Domain Copyright 295

Traverse Legal Blog

FEBRUARY 22, 2022

Because it’s fairly easy to list a property for short-term rent, you may be asking yourself the question of “why do I need legal help with my vacation rental? However, when you’re listing a property on Airbnb or plan or doing any sort of short-term rental, it’s vital that you understand what legal issues may arise.

Law 97

Law Contracts Business Litigation 97

TorrentFreak

MARCH 8, 2024

Required information includes the legal basis for the complaint, the legal basis for taking the content down, and a myriad of additional details including a synopsis of considerations preceding takedowns. To ensure consistency, submitters use an API to file ‘statements of reasons’ (SOR) in the standardized format below.

Reporting 97

Reporting Copyright Intellectual Property Advertising 97

Technology & Marketing Law Blog

AUGUST 24, 2023

by guest blogger Kieran McCarthy There are few, if any, legal domains where hypocrisy is as baked into the ecosystem as it is with web scraping. But the question of who can access and use that data, and for what purposes, is a tricky legal question, which gets trickier the deeper you dig. It’s user-generated content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

TorrentFreak

MARCH 25, 2024

The Internet Archive (IA) is a non-profit organization that aims to preserve digital history for generations to come. Not all publishers are happy with IA’s approach, resulting in a major legal battle two years ago. Legal scholars, professors, and former government officials, also chimed in. RIAA, MPA, et al.

Publishing 141

Publishing Copyright Fair Use Intellectual Property Law 141

SpicyIP

FEBRUARY 8, 2024

Pragya Singh and Lakshita Handa are Research Fellows with the Legal Design and Regulation team at Vidhi Centre for Legal Policy. SARAL as a Building Block to the Plain Language Movement Simplification of legalese, aimed at creating accessible, transparent, and comprehensible legal texts, has been gaining impetus globally.

Publishing 104

Publishing Law Business Government 104

Patently-O

APRIL 26, 2024

1 (1847) “establish[ed] that a specification may call for a reasonable amount of experimentation to make and use a patented invention.” ” Although the US brief acknowledged the “seemingly categorical nature of Wood ‘s articulation of the governing law” it then argues that Wood permits experimentation.

Invention 64

Invention Patent Art Law 64

TorrentFreak

FEBRUARY 14, 2024

The app in question uses popular piracy brands such as “Gomovies” and “123movies” in its name, and lives up to expectations. Apple generally has a zero-tolerance policy when it comes to piracy. The lucky ones may get links to legal streaming platforms as well. It’s clearly not perfect, however.

Branding 92

Branding Brands Branding Reporting 92

IP and Legal Filings

JANUARY 9, 2024

The definition of specific terms in an Indian statute can be found in the context or occasion on which they are put to use, rather than in strict etymological language propriety. As a result, courts consult dictionaries if the need arises to determine the ordinary meaning of terms.

Government 89

Government Law IP 89

IP and Legal Filings

OCTOBER 26, 2023

However, when a registered trademark owner without justified reasons goes beyond their legal capacity to protect their mark and threatens or intimidates small enterprises it results into bullying. This is generally done by giant corporations and brand names to survive the competition and swallow the small businesses for gains.

Cease and Desist 99

Cease and Desist Trademark Registering Trademarks Business 99

LexBlog IP

FEBRUARY 2, 2024

The name of the financing round generally corresponds to the name of the series stock. 1] The generally accepted standard of financing documents comes from the National Venture Capital Association (“ NVCA ”). Emerging growth companies commonly search for an influx of cash through funding provided by investors.

Government 64

Government Confidentiality Registration Business 64

The TTABlog

JUNE 10, 2022

The Board reversed a genericness refusal to register the mark MULLET for "bicycles," on the Supplemental Register, giving the applicant the benefit of the doubt in light of the mixed evidentiary record. "[T]he Generic terms do not so qualify.'" In re Mr. Bator LLC , Serial No. Pologeorgis). "A wheel in back.

Registration 87

Registration Journalism Trademark Designs 87

Intepat

JANUARY 24, 2024

Licensing is a legal tool that permits the utilization or reuse of already protected intellectual property. LICENSE TERMS UNDER LICENSING AGREEMENTS: It’s crucial to specify the key terms and conditions in the applicable licensing agreement.

Intellectual Property 52

Intellectual Property Licensing IP Ownership 52

The IPKat

OCTOBER 21, 2023

172b of the Bulgarian Criminal Code, this act is punishable by (1) a term of imprisonment not exceeding five years and a fine not exceeding approx. EUR 2550; or (2) where the act is repeated or causes significant harmful effects, it shall be punishable by a term of imprisonment of five to eight years and a fine of approx.

Law 132

Law Art IP Intellectual Property 132

Art Law Journal

AUGUST 18, 2022

One of the most frequently asked questions intellectual property lawyers hear from members of the art community is, “When should I use a model release form, and what should it say?” Read on for pointers on how to protect yourself (and your potential for profit) and to find a sample model release form that you can use as a starting point. .

Publishing 85

Publishing Art Contracts Artwork 85

IP and Legal Filings

FEBRUARY 20, 2024

ABSTRACT Use of force is regarded as one of the most important and sacrosanct principle under the international law. It is considered as a pre-emptory norm that a state would not use force against the sovereignty and territorial integrity of any state without proper justification.

Law 74

Law Government Journalism IP 74

Intepat

MAY 24, 2023

It is highly recommended to seek legal advice while drafting intellectual property agreements because they often involve challenges foraging into interdisciplinary areas such as antitrust laws, franchise regulations, and international trade.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

IP Intelligence

MARCH 21, 2023

The sudden increase in news coverage of generative artificial intelligence (AI) tools like ChatGPT and Midjourney has employees excited to discover how these accessible tools can make their jobs easier. Those interested in a more general conversation about current AI frameworks can see our article here.

Intellectual Property 95

Intellectual Property Confidentiality Copyright Infringement IP 95

SpicyIP

OCTOBER 7, 2023

A Different Jurisprudence Determination of FRAND (Fair, Reasonable and Non-Discriminatory) license terms for a claimed Standard Essential Patent (SEP) portfolio lies at the core of disputes involving SEPs. With this background, we are pleased to bring to you a guest post by Dr. Victor Vaibhav Tandon and Dr. Ashwini Siwal.

Licensing 105

Licensing Litigation Technology Patent 105

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Traverse Legal Blog

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Therefore, every open source project must evaluate its license choices and consult legal experts before making your code publicly available.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

IPilogue

JULY 18, 2022

Intellectual Property class in the Fall 2007 term and has been generously sponsored each year since then by? As a sector-focused law firm, Gowling WLG provides clients with in-depth expertise in key global sectors and a suite of legal services, including a? Fall 2021 Term: . Winter 2022 Term: . Gowling WLG ?Best

Blogging 106

Blogging Technology IP Law 106

TorrentFreak

MARCH 1, 2024

In countries where internet access faces restrictions, from general government censorship through to more limited site-blocking programs to protect copyright, citizens have grown comfortable with the use of VPNs. VPNs capable of tunneling to the nearest pirate site or accessing the extremists of Instagram, remain popular in Russia.

Government 110

Government Privacy Publishing Law 110

TorrentFreak

MARCH 21, 2023

Mass Copyright Infringement or Fair Use? When lending digital content, ‘authorized’ libraries typically obtain a license or negotiate specific terms. Stressing that the library offers a vital service, Internet Archive’s defense centers on the legal concept of fair use.

Publishing 137

Publishing Copyright Fair Use Copyright Infringement 137

Technology & Marketing Law Blog

APRIL 26, 2023

“Amazon claimed Jackson accepted [the 2019 TOS] by continuing to make deliveries after being emailed a copy of the new terms… Amazon, however, did not produce a copy of the 2019 email notifying drivers of the new TOS, nor did it provide any evidence that Jackson received such an email.” The Ninth Circuit disagrees.

Contracts 75

Contracts Copying Technology Licensing 75

Kluwer Copyright Blog

MARCH 13, 2024

Unfortunately, this perspective has been long overshadowed in the EU by a traditional understanding of copyright as a system that grants exclusive ‘rights’, and under which important legitimate uses can only be performed in limited circumstances if covered by an ‘exception’.

Copyright 122

Copyright Art Licensing Contracts 122

TorrentFreak

FEBRUARY 24, 2023

And when Japanese rightsholders seek to mitigate infringement in overseas legal processes, new challenges appear around every corner. The domains they used have long since been replaced, but in the past, redirected to other domains listed in the same application. Publishers Seek Help From U.S.

Publishing 120

Publishing Advertising Advertising Music 120

The IPKat

MARCH 11, 2024

The Court of Justice of the European Union (‘CJEU’) held – in its recent judgment The KaiKai Company Jaeger Wichmann GbR (case C-382/21 P) – that the Paris Convention does not allow cross-IP priority claims in general, thus disagreeing with the Advocate General’s earlier Opinion (The IPKat here ). As a reminder, Art.

IP 113

IP Art Designs Design 113

SpicyIP

JUNE 19, 2022

The IP Reveries series is an experimental ‘fun’ series set in an imaginary classroom where we are using a dialogue format to raise questions and discussions around IP that traditionally don’t find a place to get voiced either due to long standing assumptions, or due to being seen as ‘too trivial’ to discuss in more formal settings.

IP 119

IP Fair Use Invention Copyright 119

The IPKat

JUNE 12, 2022

The rush to file trade mark applications to capitalize on a trending term or phrase is not new. Generally speaking, such applications would be refused registration in that they inter alia fail to perform their basic function – namely to indicate commercial origin. It is Matthias Zirnsack vs. EUIPO (Case R-260/2021-G ).

Registration 94

Registration Intellectual Property Law Trademark Law 94

TorrentFreak

FEBRUARY 22, 2023

For people who enjoy movies and TV shows but prefer not to hand over a monthly subscription, Pluto TV is one of the most popular legal services around. Depending on the region, Pluto TV offers up to 250 ‘channels’ covering TV shows, movies, general entertainment, documentaries, sports, and news.

Copyright Infringement 137

Copyright Infringement Television Copyright Advertising 137

TorrentFreak

MARCH 29, 2024

Subsequent comments on the suspension of the blocking measures indicate that the referral to the General Commissioner of Information, to assess what effect blocking might have on millions of Spanish users, was never part of the plan.

Privacy 101

Privacy Publishing Marketing Marketing 101