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

Technology & Marketing Law Blog

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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2023 IP Resolutions Start with a Review of IP Assets

LexBlog IP

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. A special note about customer data.

IP 52
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Computer and Internet Weekly Updates for 2020-05-02

Barry Sookman

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v. link] 2020-04-30 How the Coronavirus Could Turn the U.S.

Privacy 52
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2023 IP Resolutions Start with a Review of IP Assets

The IP Law Blog

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. A special note about customer data.

IP 98
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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

This law protects the rights of publicity and privacy of people like politicians and celebrities who don’t want others to register their name or image as a trademark for goods or services. See the amicus brief discussing free speech limits on the rights of publicity and privacy filed by the Motion Picture Association in Elster.)