LexBlog IP

FEBRUARY 16, 2024

In the past, famous people simply served as the face of a brand or endorsed a product in a short advertisement. Thus, companies have a clear interest in ensuring that the freelancers they occasionally contract with are deemed independent contractors, not employees. According to California Labor Code section 3351.5(c)

Social Media 52

Social Media Intellectual Property Contracts Branding 52

The IPKat

SEPTEMBER 16, 2022

Copyright A High Court in South Africa delivered a judgment holding that certain provisions of the Advertising Regulatory Board ( ARB )’s Code of Advertising Practice were unconstitutional. This touched upon issues relating to the ARB’s power in relation to trade mark and copyright laws.

Reporting 67

Reporting Advertising Advertising Intellectual Property 67

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Second, the court had little interest in exploring the many broad and interesting policy issues about using human skin as a medium for expression of copyrighted works.

Copyright 142

Copyright Social Media Fair Use Licensing 142

SpicyIP

MARCH 28, 2022

World over traditional media houses have faced financial difficulties due to the emergence of new digital realities and plummeting online advertising revenues. For instance, the EU has adopted a neighbouring right for press publishers under copyright regulations. Different countries have addressed these tensions differently.

Copyright 105

Copyright Publishing Music Contracts 105

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections. The court says it’s possible to contributorily violate 1202.

Copyright 126

Copyright Advertising Advertising Copyright Infringement 126

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. What is really interesting is that the smart contract does not contain a link to the image but rather a link to a JSON file.

Artwork 82

Artwork Contracts False Advertising Art 82

IP and Legal Filings

NOVEMBER 23, 2023

Case Study 2- Cristiano Ronaldo (6) In mid-June of 2015, Cristiano Ronaldo sells his image rights to Peter Lim, who is the owner of Mint Media Company and opposing La Liga club Valencia.

Intellectual Property 96

Intellectual Property Privacy Branding Brands 96

The IPKat

DECEMBER 6, 2021

CIPLITEC | Center for Intellectual Property Law, Information and Technology Copyright 2030 – “ The Future of the Creative Ecosystem in Europe ” (9 December 2021) CIPLITEC's interdisciplinary group of leading academics is organizing an online event on 9 December 2021 from 17:30 to 19:30 (CET). More information can be found here.

Intellectual Property 67

Intellectual Property Intellectual Property Law IP Copyright Law 67

The IP Law Blog

MAY 18, 2023

UMG considers this a violation of copyright law. The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. California also has a common law right of publicity that’s a bit broader than the statute.

Music 52

Music Fair Use Copyright Law 52

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. GitHub probably won’t be too alarmed about advertising issues on GitHub.io

Advertising 70

Advertising Advertising Reporting Intellectual Property 70

LexBlog IP

MAY 18, 2023

UMG considers this a violation of copyright law. The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. California also has a common law right of publicity that’s a bit broader than the statute.

Music 52

Music Fair Use Copyright Copyright Law 52

The IPKat

DECEMBER 13, 2022

The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated. As part of the ruling, the judge ordered MCSK to register afresh with KECOBO in accordance with copyright law.

Copyright 120

Copyright IP Music Ownership 120

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment.

Licensing 88

Licensing Copyright Contracts Advertising 88

IIPRD

FEBRUARY 27, 2021

On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”. Most musicians are familiar with copyright law. The Big Move.

Music 40

Music Branding Brands Branding 40

LexBlog IP

MAY 18, 2023

UMG considers this a violation of copyright law. The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. California also has a common law right of publicity that’s a bit broader than the statute.

Music 40

Music Fair Use Copyright Copyright Law 40

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law.

Copying 116

Copying Social Media Licensing Technology 116

43(B)log

JULY 20, 2022

There’s a similar copyright registration for this site. Chiusa’s claims: willful copyright infringement; breach of the oral distribution agreement; trademark infringement, false advertising, trade dress/trade name infringement, and false designation of origin undre the Lanham Act; a Tennessee Consumer Protection Act claim; and conversion.

False Advertising 72

False Advertising Ownership Registration Designs 72

IP and Legal Filings

AUGUST 19, 2022

The company bases its entire business model on the purchase of such a database and earns money from advertising, royalties, or client payments. The Indian Contract Act may be invoked by including a separate clause in the contract for database confidentiality. Picture Credit: Shutterstock].

Copyright 52

Copyright Database Right Privacy Technology 52

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

IIPRD

AUGUST 4, 2022

Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Whether NFT is their unique work or they prefer to mix copyrighted material with another artist, content producers are still protected by copyright law. Build your market reputation. Conclusion.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

APRIL 7, 2023

Special rules for hosting providers, including online platforms; online platforms, including distance contracts, and very large online platforms and very large online search engines. What about the copyright interface w/ the DSA? 2(4): this is all w/o prejudice to rules laiid down by the © laws.

Copyright Law 40

Copyright Law Law Copyright Art 40

Technology & Marketing Law Blog

JANUARY 12, 2024

Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law. .”

Copying 74

Copying Ownership Derivative Work Contracts 74

Copyright Lately

FEBRUARY 6, 2022

. “And that typically begs the question about rights…” The world of NFTs is littered with examples of startups run by folks who either don’t know, don’t understand or don’t care about obtaining permission from the owners of the underlying work for the NFTs they’re advertising and minting.

Music 92

Music Social Media Artwork Intellectual Property 92

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? IIM ) , and their applicability cannot be waived by contract.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Traverse Legal Blog

MARCH 3, 2021

Risks for all stakeholders include FTC Part 255 regulations for endorsements and influencer contract drafting and, in this game, one of the things we’re going to be talking about is, you know, intellectual property. These are the contract terms that are the most obvious to all the stakeholders in the influencer-marketing game.

Marketing 81

Marketing Marketing Branding Brands 81

The IPKat

MARCH 3, 2022

Wanting to make a statement, he hired an advertising company which hand-painted advertisement tabloids for cinemas. Paris Bar (Variante 3) The legal issue The relationship between art, artists and their “helping hands” is one that goes down to the very roots of copyright law, and the beginning of art itself.

Copyright 97

Copyright Art Copyright Law Graphic Design 97

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JUNE 11, 2022

Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. Although courts have divided on this issue, I conclude that the copyright laws support this theory of liability on the facts of this case.

Copyright 110

Copyright Copying Copyright Infringement Copyright Law 110

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts. August 26, 2021].

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

IP and Legal Filings

MAY 3, 2023

The University and University of London Press Limited agreed into a contract under which the former would receive payment in exchange for receiving the copyright and all other rights to publish the matriculation examination papers. Because they were created by the authors, the exam questions are unique in the sense of copyright laws.

Copyright 87

Copyright Public Domain Copying Publishing 87

Technology & Marketing Law Blog

JUNE 22, 2023

The CJPA creates a royalty pool of the “revenue generated through the sale of digital advertising impressions that are served to customers in the state through an online platform.” Publishers can charge for advertising in many ways, including ad impressions (CPM), clicks, actions, fixed fee, etc. Section 230.

Journalism 89

Journalism Social Media Publishing Government 89

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. In order to do this, the law is changing to stop the unrestricted use of the right.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

LexBlog IP

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. For reasons unknown, Pasillas took a copyright lawsuit about this single mask all the way up to the Ninth Circuit Court of Appeals, which in Pasillas v.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144