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. In 2022, in ML Genius v.

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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? You can see his previous posts for us here. Akshat Agrawal.

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Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. § 17 U.S.C. § You get the idea.

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Kluwer Copyright Blog

MARCH 2, 2022

Going beyond mere computer-assisted reporting (CAR), algorithms are nowadays extensively used in the reporting of sports , weather , and finance. One of the central issues in this respect is the copyright protectability of journalistic outputs generated by or with the help of AI. Copyright and journalism – the status quo.

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TorrentFreak

SEPTEMBER 25, 2023

Earlier this year, Universal Music, Sony Music, EMI and others filed a complaint at a Nashville federal court, accusing Elon Musk’s X Corp of “breeding” mass copyright infringement. Even if volitional conduct is required to support a direct copyright infringement claim, the music companies believe that their complaint is sufficient.

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Music Copyright Infringement Social Media Advertising 126

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

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SpicyIP

FEBRUARY 9, 2023

One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings. In this post, SpicyIP intern Niyati Prabhu discusses the issues surrounding access to law and the dilemma surrounding copyright. Niyati Prabhu is a second year student pursuing B.A.LL.B.

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TorrentFreak

SEPTEMBER 15, 2022

More than five years ago the USTR described Taiwan’s ISD problem as “rampant” but welcomed amendments to copyright law in 2019 that criminalized the provision of piracy apps, helping the public to access pirated content, and the importation or manufacture of piracy devices. Another Round of Copyright Amendments.

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TorrentFreak

JANUARY 15, 2023

After a criminal complaint to the Tamil Nadu Police Cyber Cell failed, Disney filed a First Information Report (FIR) with the Bengaluru Cyber Cell, alleging various crimes under computer abuse and copyright laws. In the wake of its TV stunt, the MPA reported PikaShow to the United States Trade Representative.

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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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43(B)log

APRIL 7, 2023

Transparency: reports on content moderation, including judicial orders, notices, number and type of content moderation, use of automated means and related training, and number of complaints. What about the copyright interface w/ the DSA? 2(4): this is all w/o prejudice to rules laiid down by the © laws.

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LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ” 17 U.S.C. §§101,

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TorrentFreak

APRIL 7, 2024

Two billion copyright claims are processed every year through YouTube’s Content ID platform – a staggering figure that underscores the scale of this content management system. Aside from addressing copyright infringements in an automated fashion, the Content ID system brings in billions of dollars in revenue.

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Copying Copyright Infringement Fair Use Social Media 91

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.

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Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

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TorrentFreak

FEBRUARY 12, 2023

Word-of-mouth advertising helped the app to break through, and after becoming the official sponsor of the Afghan cricket team during Asia Cup 2022, its profile went mainstream. Last year, Disney Star referred the app to the authorities, alleging various crimes under computer abuse and copyright laws.

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The IPKat

SEPTEMBER 16, 2022

Trade Marks GuestKat Nedim Malovic reported and commented on a couple of EU trade mark decisions:- · The first is the decision (Case T-251/21 Tigercat Inc v EUIPO) of the EU General Court on the appeal in relation to the opposition against “Tigercat” filed by Caterpillar Inc. InternKat James Kwong reported that the trial has recently begun.

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TorrentFreak

JANUARY 2, 2024

First published by national broadcaster KBS, the report claimed that after five years of tracking, major webtoon publisher Kakao Entertainment had “identified the operator of ‘M’, the world’s largest illegal comics and webtoon distribution site.” ” Big (Conflicting) Claims This claim piqued our interest.

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Advertising Advertising Reporting Publishing 85

The IPKat

JULY 18, 2021

Kat Friend James Nurton prepared an event report on the joint seminar on standard essential patents (SEPs), organised by The IPKat and the London School of Economics. Copyright SpecialKat Chijioke Okorie updated The IPKat readers on the forthcoming amendments to the Nigerian Copyright Bill, now transmitted to the National Assembly.

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Advertising Advertising Reporting Copyright Law 67

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The studio settled quietly out of court, so there’s no reported decision in this one.

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IPilogue

SEPTEMBER 29, 2021

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.”

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Copyright Infringement Copyright Art Fair Use 105

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

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Music Copyright Copying Copyright Law 85

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. Germany has always had an extensive judicial practice in copyright law. The case law of that copyright law senate of the BGH from 2015 to 2019 is summarised below.

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The IPKat

JANUARY 2, 2022

COPYRIGHT Giovanni Maria Riccio and Fabiola Iraci Gambazza (E-Lex law firm) reported on the recent publication of the European Audiovisual Observatory entitled " Mapping report on national remedies against online piracy of sports content ", commissioned by the European Commission. Ireland, Italy and Estonia).

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Blogging IP Non-Fungible Tokens Cease and Desist 126

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). Guy Rub , The Ohio State University Michael E.

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Blogging Contracts Copyright Law Copyright 92

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. And, in most cases, the listed domains appear to have no real purpose than to infringe copyright.

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Advertising Advertising Reporting Intellectual Property 69

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.

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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.

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Kluwer Copyright Blog

NOVEMBER 8, 2021

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Top 3 Kluwer Copyright Blog posts. 17 of the Directive on Copyright in the Digital Single Market (DSM Directive).

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Blogging Non-Fungible Tokens Law IP 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. Copyright Complaint Targets Just One Video.

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Copying Social Media Copyright Copyright Law 99

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Ad-hear to the Law: My Top Ten IP-Related Podcast Episodes by Claire Wortsman.

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SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

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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. Who owns the copyright? Instant Replay —Is the Celebrity an Independent Contractor or Employee under California Law?

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Social Media Intellectual Property Contracts Branding 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

In 2015, the BGH rendered a judgment on the right of distribution in two cases concerning copyright protected furniture offered for sale from Italy. Nevertheless, the BGH applied the CJEU principles on posting links to copyright infringing content. The BGH thus transposed that CJEU decision into German law.

Law 52

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SpicyIP

MARCH 15, 2022

In 2019, the European Union (EU) has introduced the Press publishers’ rights under Article 15 of the Directive on Copyright in the Digital Single (CDMA) with an intention to redistribute the inequitable distribution of digital advertising revenue between the news media and information society service providers.

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Kluwer Copyright Blog

NOVEMBER 22, 2021

In addition to rights of the author, German copyright law also recognises related rights. The exhaustion of copyright in computer programs, which is harmonised under European law in Article 4(2) of the Computer Programs Directive (2009/24), was transposed into law in Germany in Section 69c No.

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