LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. ” Amazon claimed its TOS mandated arbitration.

Contracts 77

Contracts Copying Technology Licensing 77

Plagiarism Today

APRIL 20, 2022

For much of the web’s recent history, we scraping commonly referred a technique through which spammers would copy content from a website and republish it, either rewritten or verbatim. In 2019, the same court found largely the same thing , but chose to revisit the issue following the Supreme Court ruling last year. Bottom Line.

Licensing 241

Licensing Government Plagiarism Copyright 241

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

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

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. licenses for specific uses). Furthermore, procedural safeguards ( Quintais et al.,

Copyright 121

Copyright Art Licensing Contracts 121

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Designs Design Copyright Law 62

Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

Artwork 98

Artwork Contracts Ownership IP 98

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 117

Contracts Registration Litigation Copying 117

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. for taking reprographic usage licenses after paying a prescribed tariff.

Copyright 87

Copyright Licensing Higher Education Copying 87

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

TorrentFreak

SEPTEMBER 19, 2022

May, who played Destiny 2 and agreed to its Limited Software License Agreement (LSLA) in the fall of 2019. This older copy is the one presented by Bungie as evidence. This didn’t stop Bungie from accessing Mr. May’s computer on several occasions between 2019 and 2021, as evidence gathered through discovery suggests.

Copyright Infringement 93

Copyright Infringement Copyright Copying Licensing 93

SpicyIP

MAY 23, 2024

The Court narrowed down the point of dispute to one issue- whether Vodafone is liable to pay royalty and operate separate license from IPRS in order to commercially exploit the underlying musical and literary work of authors, who are member of IPRS. Do A ll Rights Subsist with the First Owner? In M/s Echo Recording Company v.

Music 59

Music Licensing Copyright Moral Rights 59

TorrentFreak

JANUARY 31, 2023

“The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content.

Copyright Infringement 81

Copyright Infringement Contracts Ownership Copyright 81

TorrentFreak

FEBRUARY 13, 2024

Among other things, he allegedly signed a contract to obtain the rights to MG Premium’s content in 2019, leading him to accuse his accusers of copyright infringement. “The Defendant displayed full-length movies with no license and completely ignored takedown notices. Instead, Goodporn owner Amrit Kumar fought back hard.

Copyright Infringement 97

Copyright Infringement Copyright Contracts Copying 97

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 75

Privacy Law Intellectual Property Music 75

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

SpicyIP

MAY 2, 2022

It was revealed in Court that the Plaintiff and Defendant had entered into an agreement wherein the Plaintiff had licensed, in a non-exclusive manner, its right to broadcast and exploit the audio-visual song clips, scenes and dialogues/clips to the Defendants’ channels. This agreement was for a period from 1 st July 2019 to 30 th June 2022.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Copyright Lately

MAY 7, 2021

In 2019, Warner Bros. Jeff Miller and Sasha Jenson—licensed rights to Warner without Duthie’s participation. It’s true that co-owners are required to account to each other for any profits earned from licensing or otherwise exploiting a copyright.

Ownership 85

Ownership Copyright Copyright Law Television 85

TorrentFreak

JANUARY 31, 2023

“The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content.

Copyright Infringement 71

Copyright Infringement Contracts Ownership Copyright 71

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 204(a) ).

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

Technology & Marketing Law Blog

DECEMBER 6, 2022

hiQ Labs has been dormant and effectively insolvent since 2019. In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. when they were decided. But scratch the surface, and this appears to have been a Pyrrhic victory.

Blogging 77

Blogging Contracts Litigation Law 77

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). Simon & Schuster, Inc. 3:23-cv-02333 (N.D. complaint filed Jan. Rural Telephone Service Co. ,

Copyright 120

Copyright Blogging Publishing Fair Use 120

JIPEL Copyright Blog

DECEMBER 1, 2021

2019) opinion concerning data scraping was vacated and remanded this June by the Supreme Court to be reconsidered in light of the recently decided case Van Buren v. LinkedIn sent a C&D letter, asking HiQ to stop accessing and copying the data based on the User Agreement. The controversial HiQ v. LinkedIn , 938 F.3d 3d 985 (9th Cir.

Contracts 40

Contracts Licensing Copying Confidentiality 40

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. In 2019, however, two new mandatory EU-wide exceptions for TDM were adopted as part of the DSM Directive [I analyze and discuss them in detail in my Commentary here ].

Government 141

Government Related Rights Copyright Law 141

Intepat

DECEMBER 4, 2023

The share of MSME Gross Value Added ( GVA ) in India’s GDP during the years 2019-20, 2020-21, and 2021-22 was an impressive 30.5%, 27.2%, and 29.2%, respectively. in the years 2019-20, 2020-21, and 2021-22, respectively. Patents enable the establishment of a strong market presence and revenue generation through licensing as well.

Patent 52

Patent Intellectual Property Ownership Invention 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

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. . Figure 1, Slip op.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. Other things being equal, it is generally agreed that copy-out transpositions are preferable to elaboration, as they minimise the possibility of incorrect paraphrasing. Image by Clker-Free-Vector-Images from Pixabay. Mere facts”.

Reporting 52

Reporting Marketing Marketing Copyright 52

Kluwer Copyright Blog

MARCH 14, 2024

Part II will focus on copyright contract law and claims under copyright law. The BGH considers a use of music to involve “grand rights” (to be individually licensed) if the music is an integral, organic component of the dramatic plot and is not merely used for background, accompaniment purposes. This article is divided into two parts.

Law 63

Law Music Copyright Art 63

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art. Scope of protection (copyrighted works) 1.

Copyright 52

Copyright Law Copyright Law Contracts 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. 2019 WL 13109708 (S.D.

Registration 112

Registration Fair Use Copyright Designs 112

JIPEL Copyright Blog

APRIL 23, 2021

Whoever owns the sound recording rights controls the “master,” or the original recording from which every other copy is made. As Adam Block, the former president of Legacy Recordings, told the New York Times: “A master is the truest capture of a piece of recorded music… Every copy thereafter is a sonic step away.”

Copyright Law 45

Copyright Law Copyright Law Music 45

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

The IPKat

APRIL 11, 2022

Along with the DSM Directive, this law also implemented Directive (EU) 2019/789 on online transmissions of broadcasting organisations and retransmissions of television and radio programmes. The new law implements Article 17 of the DSM Directive mostly in a copy-and-paste fashion. The same cannot be said about Article 18.

Publishing 116

Publishing Law Television Licensing 116

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. The photographs were taken at a shoot organised by Orisun TV, owned by Virtual Media Network (“VMN”), who subsequently licensed the photographs to NTA-Star.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. company contracting with Chinese manufacturers, after insurance, 32 will be contracts.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52