Technology & Marketing Law Blog

MAY 17, 2024

It lost for two reasons: one grounded in contract law and the other external. First, the court held that the damages X incurred (primarily the loss of advertisers after CCDH published negative reports using scraped data) were unforeseeable when the ToS were agreed upon in 2019. The First Amendment would not have helped Bright Data.

Blogging 101

Blogging Contracts Fair Use Copyright Law 101

The IPKat

APRIL 8, 2022

The CJEU might also clarify whether the approach recently adopted under copyright law with regard to the right of communication to the public and the liability of internet platforms is to be applied to other areas of IP.

Law 138

Law Advertising Advertising Marketing 138

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.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

TorrentFreak

APRIL 12, 2023

Initially, the site was promoted as a commercial advertising platform but soon transformed into a full-blown piracy portal pulling in millions of visitors each month and generating large sums in advertising revenue. Founded in 2014 by two Taiwanese software engineers, movie and TV show piracy site 8maple is a prime example.

Intellectual Property 123

Intellectual Property Advertising Advertising Branding 123

Michael Geist

OCTOBER 4, 2022

Indeed, critics will rightly note the market distortion it creates for private entities who stand to lose further advertising-related revenues to the CBC, while supporters should be concerned that the bill undermines the CBC’s claim to a public interest role and makes an ad-free version of the service even less likely.

Advertising 93

Advertising Advertising Television Government 93

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? The post Another Rough Copyright Ruling for Internet Access Providers–Bodyguard v.

Copyright 126

Copyright Advertising Advertising Copyright Infringement 126

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. Market Effect. Third, if the jury finds copyright infringement, ordinarily a permanent injunction would follow. Tattoo Advertising/Human Billboards.

Copyright 142

Copyright Social Media Fair Use Licensing 142

IP and Legal Filings

NOVEMBER 6, 2022

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended?

Ownership 52

Ownership Intellectual Property IP Contracts 52

Technology & Marketing Law Blog

MARCH 6, 2024

Any surviving services may need to be structured as marketing agencies that push all of the legal risk to the users and third-party vendors. If not, the print-on-demand industry may not be commercially viable under prevailing law. While Sunfrog won this battle, it lost the war because it’s exited the market.

Copyright 100

Copyright Trademark Law Publishing Copyright Infringement 100

Trademark and Copyright Law Blog

AUGUST 27, 2021

Foley Hoag will present a 60-minute webinar offering guidance on social media issue spotting for in-house legal practitioners, with a focus on intellectual property, publicity rights and advertising. Advertising claims, endorsements, and disclosures in the social media context. Right of publicity and ambush marketing traps.

Social Media 40

Social Media Intellectual Property Advertising Advertising 40

Chicago IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

LexBlog IP

AUGUST 31, 2023

This decision raises many issues regarding copyright ownership that will require further court involvement and/or policy reform. The primary challenge arising from AI-generated artwork pertains to copyright existence and ownership. Copyright law traditionally assigns authorship to individuals who create original works.

Artwork 52

Artwork Copyright Editing Ownership 52

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

FEBRUARY 28, 2022

The Award honors those who have made a significant creative contribution in one or more of the following substantive areas of intellectual property law: Patent Law: An invention or group of inventions having technological significance and an important social and economic impact, resulting in one or more U.S.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

TorrentFreak

AUGUST 24, 2021

channels, which are only possible to offer after content is copied and stored, contrary to copyright law. YouTuber ‘Touchtone’ (Raul Orelanna) was later added as a defendant in an amended complaint alongside accusations he was paid $500,000 to market the service.

Television 133

Television Copyright Infringement Advertising Advertising 133

The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks.

Trademark 96

Trademark IP Registering Trademarks Branding 96

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

Blogging 91

Blogging Contracts Copyright Law Copyright 91

TorrentFreak

JANUARY 2, 2024

million people (according to SimilarWeb) in ’23, was provisionally found to have earned about 340 million won [$35 million] in advertising revenue,” the statement notes, adding that the platform illegally shared almost 27,000 titles causing “significant damage” to the publishing industry. live / 1412.rest

Advertising 86

Advertising Advertising Reporting Publishing 86

TorrentFreak

JULY 20, 2022

However, some VPN providers have gone a step further by marketing their services directly to online pirates. The plaintiffs’ complaint argues that VeePN ‘promotes’ the use of pirate sites and Popcorn Time, while advertising its services on popular torrent site YTS.mx. It means that you may be punished by law.

Copyright 123

Copyright Copyright Infringement Trademark Copyright Law 123

LexBlog IP

FEBRUARY 26, 2024

But if you have not taken that route for one reason or another and you encounter highly similar products on the market, there are other ways to protect your products through IP. It is essential for the commercial team to join forces with the marketing department to consider launching some smart advertising campaigns.

IP 52

IP Designs Design Copying 52

TorrentFreak

MAY 14, 2022

On the flip side, today’s interconnected world has the ability to transform leaks into powerful advertising and hype, keeping message boards and social media alive with discussion of exciting new products, at zero cost to official marketing teams. Riot Games Uses Copyright Law to Unmask Uploader.

Copying 100

Copying Social Media Copyright Copyright Law 100

TorrentFreak

FEBRUARY 15, 2022

They also want Congress to step up funding for criminal enforcement in copyright cases. With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. Congress and Google Must Do More. No that the company doesn’t take action, however.

Social Media 102

Social Media Publishing Copyright Law Copyright 102

IP and Legal Filings

NOVEMBER 23, 2023

With respect to Ronaldo’s fans and football critics, it required a lot of clarity in terms of sports marketing and publicity rights to understand the situation but Ronaldo’s Representative said on the issue, It was a strategic move to take Cristiano Ronaldo’s brand to the next level, especially in Asia Continent.

Intellectual Property 96

Intellectual Property Privacy Branding Brands 96

TorrentFreak

APRIL 7, 2024

One of the services on offer is WebScan, which allows copyright holders to search for pre-indexed content on 12 large video sharing platforms: Aparat, CDA, Chomikuj, Dailymotion, FC2, Mail.ru, OK, Rumble, Videa.hu, Vimeo, VK, and Webshare. Several of these services have been listed in the USTR’s overview of notorious piracy markets.

Copying 92

Copying Copyright Infringement Fair Use Social Media 92

Intepat

OCTOBER 7, 2022

Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Copyright laws protect the expression of creative ideas and not just the idea. Further, the Copyright protects the following types of original artwork. Further, the Copyright protects the following types of original artwork.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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

Kluwer Copyright Blog

MARCH 2, 2022

In a recent paper (currently under review), we question whether humans can be replaced by AI to generate mechanical/less creative news reports and study whether “robojournalistic” outputs can be granted copyright protection from an EU law perspective. Inevitably these lead to one very straightforward and simple conclusion.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

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. Google responds that whatever it means, it’s preempted by copyright law.

Licensing 88

Licensing Copyright Contracts Advertising 88

Intepat

OCTOBER 7, 2022

In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. Copyright laws protect the expression of creative ideas and not just the idea. The following types of original artistic work are protected by copyright. The following types of original artistic work are protected by copyright.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

The IPKat

MARCH 28, 2022

30 March 2022 (online) The Institute for Intellectual Property and Market Law (IFIM) at Stockholm University will host a new online webinar on 30 March 2022 (between 4:00pm and 6:00pm, CET) to analyse and evaluate the potential impact of some of the most relevant provisions of the upcoming EU DSA.

Intellectual Property 67

Intellectual Property Registration IP Intellectual Property Law 67

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 87

Music Copyright Copying Copyright Law 87

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

LexBlog IP

MARCH 7, 2022

Moreover, in 2020, TikTok was forced to enter into a global agreement with the National Music Publishers Association (“NMPA”) in response to NMPA’s allegation that at least half of the music on the application was unlicensed and in direct violation of copyright laws.

Copyright 52

Copyright Social Media Music Copyright Infringement 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. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners. Also consider international markets.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] xii] These so called “rules for meme marketing” instruct corporate entities to be “authentic” and “relatable.”

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” There’s a similar copyright registration for this site.

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False Advertising Ownership Registration Designs 72