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

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

Patently-O

MARCH 13, 2022

Coffey sued OK Foods, bringing a class action for negligence, breach of implied contract, breach of confidence, invasion of privacy, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing. Coffey found out after being provided notice of the breach (as required by law).

Privacy 121

Privacy Contracts Copying Reporting 121

The IPKat

AUGUST 31, 2022

by Marianna Ryan Decentralised Autonomous Organisations (DAOs) are a new type of quasi-corporate entities, existing with the use of blockchain and smart contracts. The idea of DAO is not that new with the most well-known DAO (uninventively called “ The DAO ” ) dating back to 2016.

Ownership 134

Ownership IP Contracts Inventor 134

LexBlog IP

DECEMBER 21, 2023

1] The Court reasoned that the defendant companies could not have possibly copied the script in question, as they did not have access to the script until after Ad Astra was written. Jones first brought his script to CAA in November 2015, with a subsequent submission of the script in September 2016. 1] Phillip Madison Jones v.

Copying 52

Copying Contracts Copyright Infringement Television 52

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). Portability as a Consumer Contract Remedy. Unlike the GDPR, the Directives do not provide for a right to have the content sent directly to a new co-contracting party of the consumer’s choice.

IP 94

IP Contracts Social Media Copying 94

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] This isn’t the case with real-world property, where one is in fact the owner of a physical copy of a book they have purchased. [4] 75, (Cambridge University Press, 2021). [2]

Non-Fungible Tokens 80

Non-Fungible Tokens Government Law Intellectual Property 80

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

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. More radically, the right to control the public lending of certain works could be eliminated ( IFLA, 2016 ).

Copyright 121

Copyright Art Licensing Contracts 121

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

LexBlog IP

MAY 19, 2023

” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. The majority found that AWF’s licensing of the “Orange Prince” copy to Condé Nast is not a substantially different purpose than Goldsmith’s photograph.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

IIPRD

JANUARY 5, 2023

Copy right and Indian cinema. Merkin [10] It was decided that even while the director may have a significant say in how the movie should be filmed, the producer owns the copyright because they are more heavily involved in gathering the script, creating third parties or employment contracts with performers, etc. 1] [link]. [2]

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

IP and Legal Filings

SEPTEMBER 8, 2021

In 2016, the USPTO rejected Bitcoin’s trademark application. Smart contracts are contracts that are used to regulate NFT transactions. The copyrights that subsist on an NFT are also governed with the help of a smart contract. In the NFT space, a buyer is granted ownership over a copy of a digital artifact.

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

43(B)log

SEPTEMBER 21, 2021

Matthew Bender argued that the omissions were an unfortunate mistake but not actionable misconduct; among other things, the sales contracts expressly disclaimed the accuracy, reliability, and currentness of the Tanbook. And the misrepresentations weren’t materially misleading “under all the circumstances, including defendant's disclaimer.”

Editing 45

Editing Contracts Copying Law 45

Kluwer Copyright Blog

FEBRUARY 13, 2022

For instance, the category for libraries includes the question of whether the exception allowed unauthorized reproduction to provide copies for other libraries. Temporary Copies for Technological Processes. Protection Against Supremacy of Contracts. Temporary Copies For Technological Processes. Supremacy Of Contracts.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

The IPKat

MARCH 27, 2022

By 2016, employees of the House of Bruar were aware of Fairfax & Favor. Those conversations continued into 2016, but did not lead to sales. In 2016, the sales agent sent House of Bruar's ladieswear buyer (Mrs Meikle) a Fairfox & Favor brochure which included the Heeled Regina boot.

Designs 52

Designs Design Copying Art 52

Kluwer Copyright Blog

APRIL 17, 2023

Copyright, contract, and the rewards for UGC ’ and is based on the findings of the You Can Play project. This GNU/Creative Commons-esque licence permitted users and third parties to modify, copy, and distribute certain game content from the various worlds of D&D. When does a ‘creative work’ become ‘user generated content’ (UGC)?

Editing 56

Editing Contracts Publishing Copyright 56

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. A Nightmare on My Street.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . Fast-forward three decades. Copyright Office.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

TorrentFreak

JUNE 23, 2022

In addition to damages relating to the fraudulent notices, the company piled on with additional claims for copyright infringement, false designation, business defamation, breach of contract, and violations of consumer protection law. 241), traceable to Consolidated Communications, a residential ISP serving Rocklin, California.

IP 138

IP Copyright Copyright Infringement Music 138

Fish & Richardson Trademark & Copyright Thoughts

APRIL 16, 2021

locksmith, transportation service, substitute custodian); Prepare contracts between the court and experts that might accompany the U.S. marshal to copy the stolen trade secrets and delete the files from the defendant’s computer as soon as possible. 5878 (LLS), 2016 WL 11517104 (S.D.N.Y. July 29, 2016). [6] marshal (i.e.,

Intellectual Property Law 52

Intellectual Property Law Litigation Intellectual Property Contracts 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). complaint filed Jan. 202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. 1] BGH, 5 November 2015, Wagenfeld-Leuchte II , NJW 2016, 2338. [2] This first part covers the definition of a work, authorship and moral rights. The leading ruling in this respect is HHole (for Mannheim).

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

LexBlog IP

OCTOBER 5, 2022

In a post for Crowell’s Government Contracts Legal Forum , John McCarthy, Anuj Vohra and Daniel Wolff describe the decision that better defined what degree of competitive harm needs to be presented to support a trade secret invocation under the 2016 FOIA Improvement Act. In Busey Bank v.

Blogging 40

Blogging Confidentiality Government Litigation 40

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Moose Knuckles parka, 2016, lacked qualifying statement (made with Canadian and imported components); settled for $750,000 donation. made in Canada with imported parts).

Advertising 40

Advertising Advertising Law Privacy 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. 2016; resubmitted May 2018). September 23, 2016. August 30, 2016. April 5, 2016.

Litigation 52

Litigation Settlement Marketing Marketing 52