Remove Advertising Remove Contracts Remove Copyright Law Remove Fair Use
article thumbnail

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well.

Blogging 128
article thumbnail

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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. But fair use isn’t a defense to a breach of contract claim.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D

Technology & Marketing Law Blog

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. ” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury. Nature of Use.

Copyright 143
article thumbnail

Legit or Lawsuit – Fake Drake AI Song

The IP Law Blog

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
article thumbnail

Legit or Lawsuit – Fake Drake AI Song

LexBlog IP

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
article thumbnail

New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

SpicyIP

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. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

Fair Use 116
article thumbnail

Legit or Lawsuit – Fake Drake AI Song

LexBlog IP

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