Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? Unfortunately, the court expresses this intuitively obvious result in a baroque, technical, and inaccessible opinion. The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Fortunately, the status quo has been restored. LinkedIn chaos.

Copying 74

Copying Ownership Derivative Work Contracts 74

Velocity of Content

JANUARY 26, 2022

It seems intuitive that fast-paced organizations that rely on and invest heavily in R&D would have a streamlined approach to find, manage, and collaborate on scientific information across the enterprise, but that’s not always the case. Regulatory. Scientific literature plays a critical role in the regulatory submission cycle.

Marketing 98

Marketing Marketing Licensing Publishing 98

The IPKat

DECEMBER 21, 2021

Whether or not they are taken up, however, his analysis is a valuable addition to the literature on this important topic. The third tier would be a subsidiary standard-like exception available where no mandatory or optional exception is applicable. Rendas discusses a number of alternative approaches to the third tier exception.

Copyright Law 113

Copyright Law Law Copyright Fair Use 113

The IPKat

JUNE 4, 2022

On the topic of unauthorized use of a celebrity’s image, readers might recall the IPKat post covering the high-profile Michael Jordan case in China in 2017. The defendant JuYou interpreted this as ‘a complete, clear, intuitive image reproduction’. emphasis added)** The key lies in the ‘identifiable’ requirement.

Personality Rights 80

Personality Rights Music Advertising Advertising 80

LexBlog IP

APRIL 15, 2022

The standard for art auctions, for example, covers a wide range of topics, ranging from lots collection to catalogue compilation, from industry terminology to best practices for auctioneers. 9] Admittedly, most of them are intuitive or procedure-oriented. 9] Admittedly, most of them are intuitive or procedure-oriented.

Art 52

Art Marketing Marketing Artwork 52

Kluwer Copyright Blog

FEBRUARY 1, 2022

The topic of the 2014 paper was provided by Bernt Hugenholtz. Cruijff himself described the turn as “a physical response to a flash of the brain”, which might imply it was intuitive rather than creative. Bernt Hugenholtz, Kluwer Law International, 2021.

Copyright 52

Copyright Art Music Intellectual Property 52

Technology & Marketing Law Blog

JUNE 20, 2023

(In practice, most courts make a gut-level decision whether a particular use is “fair,” and then write an opinion to justify their intuition. Barton Beebe’s empirical work on this topic. Before 2020, the Supreme Court decided only four fair use cases.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

DECEMBER 30, 2021

Plus, many editors make their editorial decisions quickly and intuitively, so grilling them afterwards may not yield precise answers about why they made the choices they made. Those points get some engagement throughout the briefs, but each of them merited a standalone brief rather than the overlapping pileup on other topics.

Social Media 111

Social Media Law Privacy Blogging 111

Technology & Marketing Law Blog

JUNE 14, 2022

For more on the topic of newspapers correcting their Section 230 coverage, see this post. As Section 230 became a mainstream topic and a partisan talking point for both parties, there was a flood of newcomers to the Section 230 field. Remember these terrible and repetitive NYT corrections?

Reporting 117

Reporting Journalism Law Blogging 117

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

Most judges understand this distinction intuitively because they learned as 1Ls that the Constitution only restricts state action, not private action. “the Platforms permit any user who agrees to their boilerplate terms of service to communicate on any topic, at any time, and for any reason. ” THE JUDGE SAID WHAT???

Social Media 137

Social Media Publishing Law Blogging 137