Technology & Marketing Law Blog

SEPTEMBER 23, 2022

In 2022, I’ve blogged just one other 512(c) case ( Davis v. The case involves ShutterStock, a photo licensing service. (We We used ShutterStock as the blog’s image provider for several years). Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it. Pinterest ).

Licensing 84

Licensing Copying Blogging Copyright 84

Technology & Marketing Law Blog

JULY 16, 2021

Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. . * Lona’s Lil Eats, LLC v. DoorDash, Inc., 2021 WL 151978 (N.D. New Yorker : Dude, Where’s My Couch?

Advertising 108

Advertising Advertising Contracts Social Media 108

Technology & Marketing Law Blog

DECEMBER 6, 2022

In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. LinkedIn’s User Agreement includes a provision that warns users that public data may be copied and used by others. On November 4th (spoiler alert!) The opinion.

Blogging 76

Blogging Contracts Litigation Law 76

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). 7(1) and art. 17(7) CDSM Directive.

Copyright 122

Copyright Art Licensing Contracts 122

Technology & Marketing Law Blog

JUNE 2, 2022

“Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” Prior Tattoo Copyright Blog Posts. Amount Used.

Copyright 142

Copyright Social Media Fair Use Licensing 142

Technology & Marketing Law Blog

APRIL 26, 2023

If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. We have previously observed the importance of notice in the analogous context of electronic consumer contracts.

Contracts 77

Contracts Copying Technology Licensing 77

Technology & Marketing Law Blog

APRIL 6, 2022

Blog post on the prior ruling here.). The “Platform Policy” appears to grant a broad license to users of the API. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed. For example. Case citation : McGucken v. 21, 2022).

Licensing 114

Licensing Fair Use Blogging Copyright 114

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

According to section 17 , the creator of a work is the first copyright owner, but if the work is created as part of a contract of service, the employer is the first copyright owner unless the contract states otherwise (under section 17(c )). written in advance).

Fair Use 52

Fair Use Ownership Copyright Licensing 52

Technology & Marketing Law Blog

APRIL 23, 2022

Plus, “Facebook cannot be said to have been a willful wrongdoer when the contract did not require it to preserve any content of its users.” Facebook appeared first on Technology & Marketing Law Blog. ” Protip: Facebook is a terrible cloud storage option. Also, Facebook’s TOS waives special damages.

Copying 102

Copying Contracts Blogging Law 102

Technology & Marketing Law Blog

JULY 14, 2022

NB: there always should be someone at the company who can easily answer just how many times the TOS has been amended and provide definitive copies of each amendment and the date they occurred. This form, and other details, are available on our blog. Related Blog Posts. Dropbox, Inc. 2022 WL 2673080 (N.D. June 29, 2022).

Contracts 108

Contracts Blogging Business Law 108

Plagiarism Today

APRIL 7, 2022

Also in 2018, FDN filed the original complaint, targeting both Amazon and CCA, alleging that they both breached contracts and committed copyright infringement. Copyright Office, “Online content is considered published if the copyright owner authorizes the end user to retain copies of the content or further distribute the content.”.

Publishing 252

Publishing Registration Social Media Copyright 252

Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Use of content posted to social media has generated many posts on this blog, starting with AFP v.

Social Media 140

Social Media Copyright Fair Use Licensing 140

IPilogue

JANUARY 11, 2023

Over the course of my time at The Globe, I gained vast and multidisciplinary experience, but three major themes emerged within my practical and research work: privacy, contracts, and data protection. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

Technology & Marketing Law Blog

OCTOBER 23, 2021

“To the extent the contract pertains to use of Peloton’s Services (e.g., ” The idea is that sometimes nonsignatories get benefits from a contract sufficient to impose the contract terms on them anyways. ” Thus, the nonparties cannot be swept into the contract. That’s Contracts Law 101.

Contracts 116

Contracts Registration Litigation Copying 116

Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. Copyright for these packages cannot be assigned to the app developer and the software thus developed should also operate within the terms of the license for their use.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

DECEMBER 22, 2022

GMC properly licenses the right to display, from the copyright owners of the lyrics. Google contracted with LyricFind to supply song lyrics for Google’s “Information Box.” GMC sued Google in state court, for breach of contract (based on its TOU), unfair competition, and several other state law claims.

Contracts 52

Contracts Social Media Copyright Music 52

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

AUGUST 31, 2021

Factor three : The entirety of the work was copied. Factor four : The fourth factor also weighs against fair use: Unrestricted and widespread conduct of the sort Defendant engaged in would destroy the market for licensing Plaintiff’s work. I blogged about the practice of embedding. Alternet Media (Guest Blog Post).

Fair Use 129

Fair Use Journalism Licensing Marketing 129

LexBlog IP

FEBRUARY 21, 2022

Throughout this blog I present this issue through a legal lens, offering guidance and possible solutions to the industry. On the Ethereum blockchain (where most NFTs exist) all NFTs must conform to the ERC721 smart contract standard. Larva Labs (the creators of CryptoPunks) employs the Dapper Labs NFT License. What is an NFT?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

IPilogue

OCTOBER 13, 2021

Through Twitter, she expressed that she had outlived all her recording contracts and that her master recordings should legally belong to her. When Baker described outliving her contracts, she was referring to her right of reversion , which lets her reclaim her copyright after 35 years. copyright law. Section 203 of the U.S.

Music 59

Music Ownership Contracts Copyright 59

JIPEL Copyright Blog

DECEMBER 1, 2021

This blog will delve into the reasoning of Van Buren and predict the final decision of HiQ v. LinkedIn sent a C&D letter, asking HiQ to stop accessing and copying the data based on the User Agreement. It can’t be interpreted more broadly to include other limitations by contracts or policies. LinkedIn , 938 F.3d 1648 (2021).

Contracts 40

Contracts Licensing Copying Confidentiality 40

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Technology & Marketing Law Blog

MARCH 22, 2022

Furthermore, Business Casual alleged that although YouTube has automated processes to identify and flag videos containing copyrighted content, TV-Novosti intentionally circumvented these processes by applying certain editing techniques to the content that TV-Novosti allegedly copied. The plaintiff basically said “WTF?

Business 107

Business Copyright Copyright Infringement Licensing 107

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. Bonne chance.”).

Contracts 92

Contracts Social Media Advertising Advertising 92

Biswajit Sarkar Copyright Blog

JULY 19, 2022

In this blog we will take a look at best practices to avoid copyright infringement. A person brings in counterfeit copies of a work Without getting permission from the copyright holder, someone reproduces his work in any way. With today’s technology, it is very simple to copy and share the original works of other people.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. A New 512(f) Plaintiff Win!

Registration 111

Registration Fair Use Copyright Designs 111

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 4] Andrew L.

IP 52

IP Artwork Contracts Intellectual Property 52

Kluwer Copyright Blog

FEBRUARY 22, 2023

17 DSMD was discussed in an earlier blog post by Julian Waiblinger and Jonathan Pukas. The other changes to German copyright law have also been covered in two previous blog posts (see here and here). Germany’s implementation of Art. This article covers the most relevant copyright law decisions of the BGH from that year.

Copyright 52

Copyright Law Copyright Law Contracts 52

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). The current law of online contracts says that if you have notice of a website’s terms, and you continue to access in violation of those terms, you are in breach of contract. Conservice (Guest Blog Post).

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

IPilogue

AUGUST 16, 2022

Generally, a photographic syndication agency holds contractual agreements with various photographers to sell and license their photos for commercial and/or editorial use. in damages, which is the total license fee for the photos. The Plaintiff, August Image LLC (“August”) is a photographic syndication agency based in New York, USA.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more.

Licensing 88

Licensing Copyright Contracts Advertising 88

Technology & Marketing Law Blog

JULY 19, 2023

On the last of the three signup webpages, legal copy abounds, with some text appearing on the left-hand side of the page underneath high-level explanations of the trial membership. It’s not clear to me that other judges will grade contract formation as harshly as this judge did. Maybe that was an (over?)correction The complaint.

Privacy 90

Privacy Contracts Marketing Marketing 90

Technology & Marketing Law Blog

NOVEMBER 30, 2022

RCN appeared first on Technology & Marketing Law Blog. Some lowlights from the opinion: Direct infringement. More confusing discussion about 1202, though. The post Another Rough Copyright Ruling for Internet Access Providers–Bodyguard v.

Copyright 126

Copyright Advertising Advertising Copyright Infringement 126

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this.

Contracts 72

Contracts Law Reporting Blogging 72

JIPEL Copyright Blog

MARCH 29, 2022

In effect, the rights acquired by the buyer of the NFT are more akin to a license to a unique copy of the content including things like the right to use, display or transfer the content but may or may not contain the right to commercially benefit from it.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

IP and Legal Filings

JUNE 27, 2022

The blog is divided into two parts and this is part 2 of the blog. PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. This blog will consider different IPs, which are at growing stage. The need of protecting IPRs is inarguably increasing day by day.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52