Technology & Marketing Law Blog

AUGUST 2, 2021

Some of the major changes to the book this year: I added a note on the Copyright Claims Board. Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. It makes a nice module to add an online contracts piece to another course. Toys ‘R’ Us v.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JULY 12, 2022

Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Primer on the Copyright Claims Board (CCB) (now deleted). Toys ‘R’ Us v. Note About Fair Use.

Editing 140

Editing Law Social Media Privacy 140

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

Registration 111

Registration Fair Use Copyright Designs 111

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The only thing scarier than a slasher flick is a lawsuit. It’s Halloween time again!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Contracts should not be permitted to override exceptions and limitations.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Technology & Marketing Law Blog

JANUARY 27, 2022

It creates a third asset for creators to sell, in addition to any physical item and the work’s copyright. The extra cash flows from NFTs could spur new creative activity–a win for all of us. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Emerging Tech.

Social Media 126

Social Media Law Privacy Government 126

Technology & Marketing Law Blog

JANUARY 24, 2023

SMART Copyright Act. A very dumb law that would authorize the Copyright Office to force UGC sites to adopt expensive and overrestrictive technological controls as dictated by copyright owners. EARN IT Act. This bill started as a twofer: ban E2E encryption AND repeal Section 230 for CSAM claims. Still, the news was bad for hiQ.

Law 113

Law Social Media Government Privacy 113