article thumbnail

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

Technology & Marketing Law Blog

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

Blogging 126
article thumbnail

Copyright Claims Board (CCB) Opt-Outs – How’s That Going? (Guest Blog Post–Part 1 of 3)

Technology & Marketing Law Blog

Gard looking at the Copyright Claims Board and some of its outcomes.] Prior Blog Posts on the CCB A 5 Month Check-In on the Copyright Claims Board (CCB) A 3 Month Check-In on the Copyright Claims Board (CCB) A First Look at Copyright Claims Board (CCB) Filings The Copyright Claims Board Is Opening Next Week.

Blogging 100
Insiders

Sign Up for our Newsletter

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

article thumbnail

Copyright Claims Board (CCB) Default Notices (Guest Blog Post–Part 2 of 3)

Technology & Marketing Law Blog

Gard looking at the Copyright Claims Board and some of its outcomes. Prior Blog Posts on the CCB Copyright Claims Board (CCB) Opt-Outs – How’s That Going? by guest blogger Elizabeth Townsend Gard [Eric’s note: this is the second of a three-part series from Prof. The first part looked at defendant opt-outs.] Are You Excited?

article thumbnail

This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

Technology & Marketing Law Blog

Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Implications This case generally sidesteps the interesting issues involving tattoos and copyrights, but the ruling does have tattoo-specific elements. Warner Bros.

article thumbnail

Book review: Copyright in the Digital Single Market

The IPKat

Many readers will already be familiar with this title, since it won our IPKat book of the year award 2021 for best copyright book! But, for those who are yet to pick up a copy, here is what is in store: The EU legislature adopted Directive 2019/790 on Copyright in the Digital Single Market (DSM) in 2019.

article thumbnail

The Intersection of Artificial Intelligence and Copyright

Velocity of Content

Copyrighted material is fuel for AI systems. Voluntary collective licensing is an effective solution enabling the use of copyrighted material as society realizes the benefits promised by AI systems. I invite our Velocity of Content blog readers to check out CCC’s “ Intersection of AI & Copyright ” page.

Copyright 124
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. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.