Remove 2020 Remove Contracts Remove Copying Remove Copyright Law
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Another API (c) case with false advertising and contract claims too

43(B)log

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.

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Copyright Law Preempting Contractual Terms of Use

Patently-O

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. The complaint asserts breach of contract based upon violation of its terms of service; unfair competition (based upon state law); and unjust enrichment. Genius sued. Original NY Complaint.

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Look What Copyright Law Made Her Do

JIPEL Copyright Blog

pic.twitter.com/fhkLfOssfm — Taylor Swift (@taylorswift13) May 25, 2020. To get around the tangle of copyright law. There are two types of copyright registrations available for music: composition rights, which can cover lyrics and sheet music, and sound recording rights, which cover the actual recording of the song.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

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. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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Sci-Hub Founder’s High Court Creativity Fails to Dismiss Publishers’ Lawsuit

TorrentFreak

From a cold, legal perspective, a 2020 blocking application filed by publishers Elsevier, Wiley, and American Chemical Society should’ve been straightforward. On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement.

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An Idea Doesn’t Have to be Novel to be Stolen (In California)

The IP Law Blog

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

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Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights

Kluwer Copyright Blog

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

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