Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. We blogged this case twice before. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See

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IPilogue

JANUARY 16, 2023

University IP policies vary, but they all grapple with similar legal issues such as disclosure, use, ownership, commercialization, and revenue sharing. Current privacy legislation dictates that corporations must obtain valid consent from the individual to collect, use or disclose their personal information.

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IP Intellectual Property Law Intellectual Property Privacy 103

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection?

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Copyright Intellectual Property Ownership Intellectual Property Law 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 court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles.

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Cease and Desist Contracts Privacy Business 110

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. But not so, says the court.

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Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. Maryland enacted a social media privacy law in 2021. DLB-21-401 (D.

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IPilogue

SEPTEMBER 3, 2021

Interestingly, the court also distinguished between ownership and inventorship , emphasizing that only humans can be capable of ownership, but inventorship only requires the capacity to invent, which AI arguably possesses. Patent Law in Canada.

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The TTABlog

APRIL 1, 2022

Pamela Chestek, sometimes known as the IP Ownership Maven ( blog ), applied to register the mark CHESTEK LEGAL on behalf of her law firm, for "legal services." TTABlogger comment: It seems to me that an individual applicant would have a better argument for privacy and secrecy than a law firm. Examining Attorney Charles L.

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CopyrightsWorld

APRIL 4, 2022

Also, our automation plugs into the creator’s workflow and pulls data from social media accounts and blogs, protecting and monitoring it automatically. Ownership, in general, is something that will concern us a lot in this new era. Also, ownership will become something very important. Just set it and forget it.

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Copyright Ownership Technology Social Media 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unauthorized usage may also give rise to breaches of confidence or violations of privacy. While economic interests can be quantified and compensated monetarily, non-economic concerns such as privacy violations, damage to reputation, and mental distress may not be entirely redressed through financial means.

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Intellectual Property Registration Trademark Personality Rights 76

IPilogue

OCTOBER 7, 2021

Formal IP laws in Canada tend to only recognize known individual creators or owners as holders of IP rights, which can be difficult to square with Indigenous outlooks of “ownership”. 1] Erica-Irene Daes, “Intellectual Property and Indigenous Peoples” (2001) 95 Am Socy Intl Proc 143 at 183. [2]

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IP Intellectual Property Trademark Law Ownership 105

Technology & Marketing Law Blog

OCTOBER 4, 2022

[I’ll blog the Supreme Court’s cert grant in Gonzalez v. Universal. * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership. * It Takes a Default Judgment to Win a 17 USC 512(f) Case–Automattic v. RIAA appeared first on Technology & Marketing Law Blog. Google probably later this week.].

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Cease and Desist Fair Use Copyright Blogging 84

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.

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Ownership Copyright Intellectual Property Designs 92

IPilogue

OCTOBER 1, 2022

More generally, the case raises an interesting consideration towards balancing the rights of copyright owners and the right of tattoo owners’ to privacy and bodily autonomy. . Further Reading. For more information on The Andy Warhol Foundation for Visual Arts, Inc.

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Copyright Infringement Fair Use Art Copyright 130

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. BrandTotal appeared first on Technology & Marketing Law Blog.

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IP Tech Blog

JULY 18, 2023

Other considerations for legal professionals abound, privacy being salient among them. Other industries, however, are far from a share and share alike attitude towards AI, and AI has posed challenging questions regarding intellectual property ownership across the creative fields of visual art, music, and writing.

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Business Law Social Media Reporting 52

LexBlog IP

JANUARY 19, 2023

In a companion blog , we recently detailed the Federal Trade Commission’s proposed rule banning post-employment non-competes. Courts and state legislatures continue to take aim at post-employment non-competes. The restrictive covenant agreement with Adams was detailed and included limitations on geography and time.

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Business Ownership Blogging Designs 52

SpicyIP

SEPTEMBER 8, 2021

The blog has seen posts noting certain shortcomings of the TKDL in the past, such as here. It also fails to recognize that the incentive that formal IP protection provides in terms of ownership and commercial exploitation need not necessarily be the driving factor of innovation within traditional or indigenous communities.

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Reporting IP Invention Government 119

Technology & Marketing Law Blog

MAY 17, 2022

15 years ago, one of the buzziest cyberlaw topics was ownership of assets in virtual worlds, like property acquisitions in Second Life. Roblox appeared first on Technology & Marketing Law Blog. Many are premised on the idea that consumers got exactly what they expected, they just did not like the results.” Cite to IC v.

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Contracts Publishing Licensing Editing 122

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. Other Blog Posts on 512(h). This case involves a pseudonymous Twitter account, “@ CallMeMoneyBags.” Leading to an anti-SLAPP fee shift of $30k.

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Fair Use Plagiarism Copyright Marketing 93

IPilogue

OCTOBER 13, 2022

Overall, this article highlights the problems that digital media and ownership will keep producing in the legal system and the difficulties that arise when applying traditional legal concepts in modern society. This factor may also explain why piracy is not easily deterred through traditional methods of arguing and advertising.

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Advertising Advertising Ownership Publishing 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

512(f) case in the context of an ownership dispute is sent to a jury. The post 2023 Quick Links: IP, Keyword Ads appeared first on Technology & Marketing Law Blog. So viewed, appropriation is not contingent on the ultimate success Defendant’s campaign (actual viewership and resulting sales). Serc-CA Discos, Inc.

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IP Advertising Advertising Copyright 71

JIPEL Copyright Blog

DECEMBER 1, 2021

This blog will delve into the reasoning of Van Buren and predict the final decision of HiQ v. There’s still no clear legislation on the ownership of data, but it seemed the 9 th Circuit accepted that data subjects own the data while the platform may be licensed to process data. LinkedIn , 938 F.3d 3d 985 (9th Cir. 1648 (2021).

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Contracts Licensing Copying Confidentiality 40

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Copyright Ownership of Movies and Films in Canada: Who’s on First? Giuseppina D’Agostino. By Meena Alnajar.

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IP Copyright Infringement Inventor Intellectual Property 106

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. appeared first on Biswajit Sarkar Blog. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. appeared first on Biswajit Sarkar Blog. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. appeared first on Biswajit Sarkar Blog. It also provides a cost-effective way to accelerate such processes.

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Technology Patent IP Invention 52

Technology & Marketing Law Blog

MAY 30, 2023

Accordingly, the court preliminarily enjoins the Owocs from posting to the accounts until ownership is definitively adjudicated. You can see how social media account ownership issues are intractable when companies embrace “cults of personality” around a charismatic entrepreneur. So the accounts remain in limbo for now.

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Social Media Ownership Marketing Marketing 78

IPilogue

DECEMBER 5, 2022

Synthetic data as a workaround for privacy issues. As a potential means for government to provide easy access to data, Dr. Gaon proposed using synthetic data to facilitate access to data and solve privacy problems, citing a government-led project in Israel. David Vaver put forth concerns about IP ownership. Conclusion.

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Privacy Ownership Government IP 120

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She criticises the judgment because the Court based its reasoning solely on privacy without any justifications rooted in property rights.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. The Kerala High Court had recognised a petitioner’s right to privacy and reputation while seeking the removal of their name from judgments published on IndianKanoon.

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IP Intellectual Property Copyright Trademark 143

IPilogue

AUGUST 31, 2021

Privacy Policy. Pass strong legislation to protect privacy more effectively. Work to strengthen privacy protections for Canadians by updating privacy legislation to include a digital bill of privacy rights and boost the powers of the Privacy Commissioner to make and enforce orders, as well as levy fines and penalties.

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IP Privacy Social Media Intellectual Property 106

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM. This was erroneous.

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Social Media Ownership Contracts Privacy 89

Technology & Marketing Law Blog

NOVEMBER 26, 2021

Sammamish appeared first on Technology & Marketing Law Blog. 11) Anonymous posts. As one would expect from local governments creating speech policies, there are many obvious problems with the list. The post City Government Can’t Remove Off-Topic Comments to Its Social Media Account–Kimsey v.

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Technology & Marketing Law Blog

DECEMBER 1, 2023

The state pretextually claimed this was an attempt to prevent China from siphoning off American private data, but the law was not a privacy initiative at all. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers’ digital data and privacy.

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Social Media Privacy Law Publishing 79