Kluwer Copyright Blog

MARCH 4, 2024

This case reveals the important differences between the US Law and the European Union (EU) (and United Kingdom (UK)) Law under several points of view: criminal law, privacy/data protection law, intellectual property (IP) rights (and sui generis rights), and even law of contracts.

Privacy 56

Privacy Law Journalism Intellectual Property 56

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. RIPTwitter. * * * Most readers should stop reading the blog post here. Breach of Contract Twitter’s TOS bans scraping.

Litigation 87

Litigation Contracts Advertising Advertising 87

Intellectual Property Law Blog

FEBRUARY 28, 2024

Wading into contract law, the policy underlying the Bayh-Dole act, and the practical realities of Government-funded research, the Federal Circuit rejected USF’s argument. February 9, 2024) The November 1997 subcontract expressly provided for application of Bayh-Dole, and USF accepted NIH funding from Mayo under the subcontract.

Licensing 130

Licensing Invention Government Inventor 130

BYU Copyright Blog

APRIL 1, 2024

Private School Too Public With Photographs Joshua Potter April 01, 11:19 AM April 01, 11:22 AM In March 2024, professional photographer Mando Morlos ("Morlos") filed a Complaint alleging that St. Francis High School - Salesian College Preparatory ("St. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 80

Contracts Blogging Advertising Advertising 80

Olartemoure Blog

SEPTEMBER 29, 2023

Contracting Parties are required to give a minimum period of 2 months to respond to a provisional refusal. The following changes will be implemented as of 1 November 2023: It was agreed to expressly determine the start and end date of the deadline for responding to provisional refusals.

Contracts 52

Contracts Intellectual Property Trademark Designs 52

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. .'” Publisher/Speaker Claim. LEXIS 23688 (S.D.

Contracts 75

Contracts Advertising Advertising Privacy 75

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

IPilogue

JANUARY 9, 2023

Some work highlights for me personally were: drafting a procurement contract, investigating the Patented Medicines Prices Review Board (“PMPRB”) Draft Guidelines, and drafting a response to an Access to Information request. AstraZeneca is a global company, some contracts can require engaging in services in other countries.

Business 110

Business Privacy Contracts Confidentiality 110

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. The post was first published on the COMMUNIA blog.

Copyright 122

Copyright Art Licensing Contracts 122

Technology & Marketing Law Blog

FEBRUARY 17, 2024

2024 WL 559591 (N.D. CMG appeared first on Technology & Marketing Law Blog. .” Kudos to the litigation team for making the unlikely sale to the judge–but you should never leave such a crucial legal protection up to chance like that. Case citation : Hawkins v. CMG Media Corp. ” MAKE IT STOP–Hawkins v.

Privacy 90

Privacy Litigation Marketing Marketing 90

Trading Secrets

FEBRUARY 27, 2024

As we previously blogged , the NLRB seemingly took the position that non-competes typically violate Section 8(a)(1) of the Act, which makes it an unfair labor practice for an employer to interfere with an employee’s Section 7 rights. On January 29, 2024, the Region reached a settlement with the respondent company.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 99

Artwork Trademark Publishing Marketing 99

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts?–In Christou v.

Social Media 81

Social Media Ownership Designs Design 81

LexBlog IP

FEBRUARY 27, 2024

As we previously blogged , the NLRB seemingly took the position that non-competes typically violate Section 8(a)(1) of the Act, which makes it an unfair labor practice for an employer to interfere with an employee’s Section 7 rights. On January 29, 2024, the Region reached a settlement with the respondent company.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

Technology & Marketing Law Blog

FEBRUARY 16, 2024

12, 2024) The post Ninth Circuit Enforces a “Browsewrap” (That Was Actually a Clickthrough)–Patrick v. Running Warehouse appeared first on Technology & Marketing Law Blog. Case Citation : Patrick v. Running Warehouse, LLC , No. 22-56078 (9th Cir.

Blogging 68

Blogging Marketing Marketing Technology 68

Kluwer Copyright Blog

APRIL 17, 2023

Photo by Alperen Yazgı on Unsplash This blog is a continuation of an earlier Kluwer post ‘ Getting paid to play? Copyright, contract, and the rewards for UGC ’ and is based on the findings of the You Can Play project. This has led to development of the new edition of D&D , One D&D , anticipated to be released in 2024.

Editing 56

Editing Contracts Publishing Copyright 56

Technology & Marketing Law Blog

JANUARY 17, 2024

This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts. Note: I tested on the copyrightability of contracts in my 2002 Copyright final exam (see my sample answer ). 12, 2024) The post Cloned-and-Revised Legal Documents Aren’t Copyrightable–UIRC v.

Copyright 47

Copyright Copying Copyright Infringement Editing 47

Kluwer Copyright Blog

JANUARY 4, 2024

In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. All in all, 2024 promises to be an exciting year for EU copyright law. Photo by Markus Spiske on Unsplash Dear readers, Happy new year! Welcome to the fourth (and last) round up of EU copyright law for 2023! Stay tuned!

Copyright Law 73

Copyright Law Law Copyright Reporting 73

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Luckily for the Russian artist, his accusations quickly caught the attention of RATP DEVM Mobility Cairo, a French subsidiary responsible for the operation of Cairo’s third Metro line.

Art 56

Art Plagiarism Artwork Graphic Design 56

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Luckily for the Russian artist, his accusations quickly caught the attention of RATP DEVM Mobility Cairo, a French subsidiary responsible for the operation of Cairo’s third Metro line.

Art 52

Art Plagiarism Artwork Graphic Design 52

The IPKat

JANUARY 7, 2024

However, under Article 24 UPCA , the applicable laws for the UPC include the EPC and the national law of the contracting states. For further analysis of the contrast between SES vs. Hanshow and the German national courts' approach to claim interpretation see Dr Michael Wallinger's EPLIT blog.

Patent 97

Patent Law Contracts Invention 97

Traverse Legal Blog

DECEMBER 10, 2022

Guests felt entitled to refunds because of COVID even if they were only concerned about travel, rather than precluded from travel, despite their rental contracts. VRBO and other competitors let hosts and guests work things out themeselves under their rental contracts. You have until march 2024 to file your claim.

Contracts 52

Contracts Reporting Business 52

The IPKat

SEPTEMBER 29, 2022

Many, if not all, the readers of this blog will have sincere admiration for the academic world of intellectual property. It is a world of jurists who have a mixed practical-theoretical approach and a 'philosophical' attitude to legal matters.

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 72

Blogging Contracts Cease and Desist Confidentiality 72

IPilogue

JANUARY 21, 2022

billion USD by 2024. There is no question that the virtual gaming and e-sports industry has seen exponential growth in the last decade or so. In 2021, global e-sports revenue is said to have reached a whopping $1 billion USD, and is projected to increase to $1.6

Publishing 110

Publishing Intellectual Property IP Licensing 110

Technology & Marketing Law Blog

FEBRUARY 27, 2024

[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. I previously blogged the TRO. AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. Yost , 2024 WL 555904 (S.D. Yost appeared first on Technology & Marketing Law Blog.

Social Media 83

Social Media Law Contracts Publishing 83

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn.

Copyright Law 60

Copyright Law Copyright Law Music 60

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. My angst-filled blog post on that ruling. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? ” That’s true.

Copying 76

Copying Ownership Derivative Work Contracts 76

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio AG Yost claims the law is about contracts, not censorship, i.e., the law helps parents supervise the contracts their kids enter into. And even if the government can show that the interest in question is indeed protecting minors from entering into contracts, the Act’s inclusions and exemptions are not tailored to that end.

Social Media 86

Social Media Law Contracts Designs 86

Trading Secrets

DECEMBER 19, 2023

If you missed any sessions, recordings are available on our blog or through the provided links. View the Recording – CLE Credit for this recording expires on January 11, 2024. 2022 Trade Secrets & Non-Competes Year in Review View the Recording – CLE credit for this recording expires on January 23, 2024.

Confidentiality 52

Confidentiality Litigation Business Law 52

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. copyright law.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Patently-O

APRIL 12, 2024

3] A diplomatic conference is now scheduled for late 2024 to finalize the treaty, but it remains to be seen whether WIPO members be able to reach a consensus. The Hague System has been operational since 1925 and currently has 77 contracting parties, although the United States only implemented the system in 2015. 27, 2024). [2]

Designs 40

Designs Design Law Registration 40

LexBlog IP

DECEMBER 19, 2023

If you missed any sessions, recordings are available on our blog or through the provided links. View the Recording – CLE Credit for this recording expires on January 11, 2024. 2022 Trade Secrets & Non-Competes Year in Review View the Recording – CLE credit for this recording expires on January 23, 2024.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

Technology & Marketing Law Blog

APRIL 27, 2024

April 26, 2024) The post Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. appeared first on Technology & Marketing Law Blog. Protip: don’t rely on courts to bail you out of unforced errors like this. Case Citation : Keebaugh v. Warner Bros. Entertainment, Inc. , 22-55982 (9th Cir. Warner Bros.

False Advertising 84

False Advertising Government Privacy Designs 84

Technology & Marketing Law Blog

MARCH 12, 2024

purchasing goods, paying fee-based subscriptions to access content, or registering accounts for permission to interact with content and/or other users) Last month, I blogged two cases where courts found enforceable browsewraps (though one was actually a clickthrough) ( 1 , 2 ). (A 2024 WL 496234 (N.D. Case Citation : Campos v.

Registration 71

Registration Privacy Contracts Blogging 71

Technology & Marketing Law Blog

JUNE 27, 2022

If a consumer breaches a TOS by scraping content or posting violative content, does this provision require businesses to sue the consumer for breach of contract? The bill obligates the CPPA to come up with regulations supporting this bill by April 1, 2024. New Regulations. Problems With the Bill. 24. * Californians: VOTE NO ON PROP.

Privacy 139

Privacy Designs Design Business 139