Advertising Cease and Desist Copyright Public Domain 
Technology & Marketing Law Blog
DECEMBER 13, 2023
by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.
Technology & Marketing Law Blog
MAY 13, 2024
. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.
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The IP Law Blog
JANUARY 12, 2023
Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.
LexBlog IP
JANUARY 12, 2023
Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.
Technology & Marketing Law Blog
DECEMBER 15, 2021
A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).
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