43(B)log

SEPTEMBER 3, 2021

2021 WL 2633326, No. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Defendants first argued that passes didn’t not qualify as “goods or services” under the CLRA, but were only temporary licenses, with services provided only ancillary to the license.

Contracts 59

Contracts Advertising Advertising Licensing 59

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. The end of 2021 has been particularly busy. More than six months have now passed since the deadline to implement the CDSM Directive – 7 June 2021. Photo by Markus Spiske on Unsplash.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This judgment concerned the classification of payments under end-user license agreements (EULA). c) Top 10 Other IP Developments.

IP 143

IP Intellectual Property Copyright Trademark 143

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. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

LexBlog IP

NOVEMBER 15, 2021

The world of college athletics changed forever on July 1, 2021. There are formal contracts to outline the finer points and, in such cases, licensed professionals are involved to help the athlete understand their legal obligations. To form a contract, three main ingredients are required. By: Jacob Parrott.

Contracts 52

Contracts Social Media Law Business 52

The IPKat

NOVEMBER 16, 2022

Background Articles 18-22 of the DSM Directive establish a series of protective measures in favour of authors and performers who license or transfer the exclusive economic rights over their works or performances to third parties for the purpose of exploitation.

Contracts 123

Contracts Licensing Government Law 123

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

Kluwer Copyright Blog

JUNE 14, 2021

While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed, save for a positive opinion of the European Copyright Society.

Contracts 52

Contracts Art Copyright Law Copyright 52

Velocity of Content

DECEMBER 2, 2021

Many publishing companies will contract with multiple vendors on this chart to create integrated and mixed technology environments within their organizations. The post 2021 Publishing Technology Report: Annual Review of Software Vendors Supplying Media, Publishing and Content Owners appeared first on Copyright Clearance Center.

Publishing 98

Publishing Reporting Technology Marketing 98

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. Interested readers can find the Africa IP Highlights 2020, here.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Kluwer Copyright Blog

JUNE 19, 2023

The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies. Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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).

Copyright 122

Copyright Art Licensing Contracts 122

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. As such, the exemption is reduced to a priority for individual licensing. 2 of the overall contract, available here ). b) Teaching.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

Licensing 52

Licensing Patent Confidentiality Registration 52

Plagiarism Today

SEPTEMBER 15, 2022

In December 2021, the judge ruled against the motion, saying that there was a “genuine issue of material fact” that needed to be explored at trial. Morantz, who is 77, is suing Downey over alleged copyright infringement, breach of contract and elder abuse. None of the defendants have responded to the lawsuit at this time.

Reporting 203

Reporting Copyright Infringement Plagiarism Licensing 203

IP Watchdog

AUGUST 26, 2022

This week in Other Barks & Bites: USPTO Director Vidal grants sua sponte review of IPR institution decisions to clarify the General Plastics factors; the Ninth Circuit rules that secondary meaning only needs to identify a single source, not a particular source, to support trade dress infringement claims; the Fifth Circuit affirms the dismissal (..)

Licensing 52

Licensing Settlement Copyright Copyright Infringement 52

Plagiarism Today

JANUARY 24, 2022

The app, which was released in September 2021, allows users to link together their various frequent flyer accounts, including American Airlines AAdvantage program. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Settlement 204

Settlement Copyright Notice Plagiarism Reporting 204

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration.

Publishing 81

Publishing Contracts Social Media Art 81

LexBlog IP

NOVEMBER 30, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. 10, 2021) (“Apple II”). 2021) (“Apple I”). Qualcomm Inc. , No 20-1683 (Fed. Background. Qualcomm Inc. ,

Settlement 52

Settlement Licensing Litigation Art 52

Plagiarism Today

MARCH 23, 2022

In December of 2021, various movie companies filed a lawsuit against the site alleging that they were illegally streaming content that they own. That was offered exclusively through a contract with LexisNexis. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Law 188

Law Journalism Plagiarism Licensing 188

Intepat

MAY 16, 2024

Through immutable record-keeping and smart contracts, blockchain provides a secure and transparent platform for managing IP rights, facilitating collaboration, reducing disputes, and unlocking new opportunities for innovation and monetization. One such event is the “Blockchain Whitepaper for IP Ecosystems,” held in 2021.

IP 52

IP Intellectual Property Ownership Contracts 52

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

Litigation 82

Litigation Law Patent Invention 82

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. Germany’s implementation of Art.

Copyright 52

Copyright Law Copyright Law Contracts 52

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Velocity of Content

JUNE 20, 2022

But there is great excitement in the billion-dollar market for these digital images, which were launched in April 2021 and count singers Justin Bieber and Madonna among their celebrity owners. Fred Simian –the deal included licensing rights, and Green created a television show to feature Fred. Then just weeks ago, Fred went missing.

Copyright 52

Copyright Contracts Television Licensing 52

Patently-O

MARCH 7, 2022

Waste Management detected some suspicious activity on its servers in January 2021, but did not discover that there was a real breach until May 2021. This includes name, SSN, DOB, Driver’s License, etc. This includes name, SSN, DOB, Driver’s License, etc. WM offered to pay for 1-year identity monitoring.

Privacy 116

Privacy Contracts Licensing Litigation 116

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

The IPKat

NOVEMBER 6, 2023

Up to March 2021, his photographs have been licensed more than 800,000 times. 307(1),(2) German Civil Code , which implements Directive 93/13/EEC on unfair terms in consumer contracts into German law; the German rules also apply to B2B contracts). They may not be contrary to accepted principles of morality ( Sec.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

Technology & Marketing Law Blog

OCTOBER 8, 2022

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things. 3d at 10861.

Marketing 128

Marketing Marketing Contracts Business 128

SpicyIP

JUNE 28, 2023

An earlier excellent post by Swaraj and Anupriya published during the pandemic in 2021, covered the various departmental policies and guidelines governing public funded R&D in great detail. The answer to this can be found only in individual contracts between these public institutions/grantees and the private sector.

Government 98

Government Invention Contracts Intellectual Property 98

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 ’. Remuneration of authors under French copyright law before the 2021 Order. The implementation of the CDSM into French law.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

FEBRUARY 22, 2022

CREATe , within the AHRC Creative Industries Policy and Evidence Centre (PEC) , launched the 21 for 2021 project in May 2021. Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions. 17 of the CDSM Directive.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Technology & Marketing Law Blog

JULY 14, 2023

When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant.

Contracts 79

Contracts Blogging Litigation Licensing 79

The IPKat

OCTOBER 28, 2021

III, 22/09/2021), which highlights the strategic use of trade secrets in connection with public tenders. Based on this, the request for access to the documentation was denied by the contracting authority. Kat friend Gabriele Girardello once again reports on trade secrets, this time on an Italian case, Administrative Court of Latium (n.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

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

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104