The IPKat

JUNE 23, 2022

A bumper crop of candidates presented themselves for inclusion in this volume, these are the 10 that made the cut. On one hand, they’ve just been found to be naughty infringers and why should they be able continue their bad deeds? Is this practice harsh on a Defendant? The Claimant has done well to win this case.

Branding 73

Branding Brands Branding Litigation 73

43(B)log

APRIL 7, 2023

Points of contact for authorities/legal representatives are existing obligations but new are terms of service/content moderation policies and tools disclosure requirements, including algorithmic decision-making and human review, as well as rules of procedure of internal complaint handling. 17: online content sharing services.

Copyright Law 40

Copyright Law Law Copyright Art 40

Kluwer Copyright Blog

JANUARY 9, 2023

Here is a quick look back at our 10 most-read posts last year: 1. This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. The Contested Meaning of Web3 & Why it Matters for (IP) Lawyers by Mark Fenwick and Paulius Jurcys.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. Rather, when a user visits Facebook or Twitter, for instance, she sees a curated and edited compilation of content from the people and organizations that she follows.

Social Media 97

Social Media Law Blogging Publishing 97

Technology & Marketing Law Blog

JUNE 20, 2023

Others, including many copyright owners and lawyers, and some scholars, have more quietly welcomed the ruling as a necessary corrective to a fair use doctrine they believe had tilted too far in the direction of copyright re-use. 102(a)(5) , a category that is defined to include photographs, 17 U.S.C.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Technology & Marketing Law Blog

JUNE 26, 2023

The (unnecessarily confusing) majority opinion suggested several exclusions to Section 230’s immunity, including these statements: “If you don’t encourage illegal content, or design your website to require users to input illegal content , you will be immune.” This exclusion is implicated by this case. Snap in the Ninth Circuit.

Advertising 97

Advertising Advertising Marketing Marketing 97

43(B)log

FEBRUARY 24, 2023

Or are these doctrines autonomous—maybe doctrines should be decoupled from the circumstances of their creation. It’s a problem of legal reasoning, not just common law—the way we argue cases is to apply old tools to new situations. Without a particular tool, what should we replace it with? Why is that?

Trademark 49

Trademark Branding Brands Branding 49

Technology & Marketing Law Blog

FEBRUARY 14, 2022

The JB court traced the legislative history to explain why the plaintiffs must plead the elements of 1591, including the actual knowledge requirement. The statute’s plain text also makes this clear, but the plaintiffs’ lawyers are trying to craft a different result in the courts than what Congress provided.

Blogging 102

Blogging Law Advertising Advertising 102

Technology & Marketing Law Blog

MARCH 29, 2023

Others have dropped out because they did not pass the compliance review, the respondent opted out, or for other reasons). I responded with a letter telling this lawyer that I was sorry for the error and that the photo had been removed from my website. Mr. Oppenheimer then, through a lawyer in California, sued me in federal court.”

Blogging 94

Blogging Fair Use Copyright Copyright Notice 94

Technology & Marketing Law Blog

DECEMBER 30, 2021

” The First Amendment “is not limited to traditional media, but extends to any entity that selects, arranges, and disseminates content, whether third-party or self-generated, and certainly covers entities that the government seeks to regulate because of the way they exercise their editorial discretion.”

Social Media 111

Social Media Law Privacy Blogging 111

43(B)log

APRIL 7, 2023

Good Samaritan”: implementation of measures detecting content that may infringe the law does not constitute knowledge and control over that which escapes deception. How can they not know when illegal content is reposted? They make money from third party content and should be responsible for it.

Due Diligence 52

Due Diligence Copyright Art Fair Use 52

Copyright Lately

MAY 13, 2022

Disney Doesn’t Have Any “Special Copyright Protections” “No more handouts for woke corporations,” Hawley’s May 10 tweet announcing his bill declared. That’s why the 1925 novel “The Great Gatsby” didn’t enter the public domain until 2021. Disney of its?

Reporting 121

Reporting Copyright Public Domain Marketing 121

LexBlog IP

JANUARY 10, 2024

The moving, response, and reply papers were all filed in the same December 6-7, 2023 time frame by lawyers for Woodward and the former President, respectively. Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” 1498, 1509-10 (2020). ” H.R.

Ownership 52

Ownership Copyright Government Intellectual Property 52