Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Copyright: WIPO.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

Litigation 84

Litigation Contracts Advertising Advertising 84

Traverse Legal Blog

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

The IPKat

APRIL 22, 2024

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. As an added bonus, participants will have the exclusive opportunity to attend a hearing at the Court of Justice of the European Union in Luxembourg.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

The IP Law Blog

MAY 4, 2023

Epic has three primary lines of business: it’s a video game developer, it’s the parent company of the gaming-software developer, and it’s a video game publisher/distributor. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users.

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 103

Contracts Privacy Social Media Advertising 103

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The post Ownership, Licensing, and Fair Use of Copyright for Webinars appeared first on Biswajit Sarkar Blog. During the epidemic, they have turned to online learning as an alternative.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

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. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc.

Intellectual Property 96

Intellectual Property Privacy Branding Brands 96

LexBlog IP

JANUARY 7, 2022

Data privacy concerns for businesses are on the rise, and organizations need to be prepared for the growing threat and response. A company’s obligations for notification of data breaches varies by jurisdiction, industry, role (business/data controller or service provider/data processor), and the impact of a data breach.

Privacy 52

Privacy Intellectual Property Contracts Business 52

LexBlog IP

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

Technology & Marketing Law Blog

JULY 26, 2023

Cases where someone is pilfering data and/or ripping off someone’s business wholesale, and the only question is which claims will be used to take them down. (for Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

Technology & Marketing Law Blog

MAY 2, 2022

It also sidesteps the dispute regarding whether hiQ is still in business. 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. Can LinkedIn enjoin hiQ’s scraping on non-CFAA grounds?

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 115

Blogging Law Contracts Cease and Desist 115

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

Social Media 79

Social Media Contracts Ownership Business 79

LexBlog IP

MAY 4, 2023

Epic has three primary lines of business: it’s a video game developer, it’s the parent company of the gaming-software developer, and it’s a video game publisher/distributor. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users.

Marketing 52

Marketing Marketing Privacy Contracts 52

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 77

Contracts Blogging Advertising Advertising 77

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. I started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing 93

Publishing Government Contracts Law 93

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. The VPN review business is flourishing as well. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words.

Privacy 137

Privacy IP Technology Reporting 137

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e., PUP, by contrast, was too vague to be factual.)

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. AcademyOne. Eventbrite. Power Ventures.

Cease and Desist 111

Cease and Desist Contracts Trademark Blogging 111

JIPEL Copyright Blog

DECEMBER 1, 2021

It then uses an algorithm to yield “people analytics” based on the information and sells them to business clients for profit. Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly.

Contracts 40

Contracts Licensing Copying Confidentiality 40

The IPKat

AUGUST 29, 2021

Upon that, The IPKat is delighted to host the following guest post co-authored by Anja Geller (PhD candidate at Ludwig-Maximilians-Universität and Junior Research Fellow at the Max Planck Institute for Innovation and Competition) and Zihao Li (PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code).

Law 97

Law Art Privacy Government 97

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. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging 126

Blogging Licensing Privacy Copyright Notice 126

The IPKat

JUNE 26, 2022

FIDE - The Metaverse As A Challenge To Classical IP - 29 June 2022 - Online The Metaverse steadily developed, and its role became even more central to the business. The event will be online and registration can be made here. FIDE's webinar will take place online on 29 June 2022 from 4:30pm to 5:30pm (CEST) and is open for registration.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Art Law Journal

AUGUST 18, 2022

Also, if you are creating an image on behalf of a company, then the use by the company would likely be seen as a commercial purpose, merely because they are a commercial business. A model release form is basically a short-form contract between the artist (or other hiring parties) and the model. Sample Model Release form.

Publishing 85

Publishing Art Contracts Artwork 85

The IPKat

SEPTEMBER 3, 2022

In advancing a feminist reading of the industry, the chapter exposes the invasions of privacy and other abuses involved in the effort to recruit Nellie Melba (1861–1931), darling of the opera season at Covent Garden and the New York Metropolitan Theatre, and what she received from the arrangement.

Copyright 95

Copyright Music Intellectual Property Marketing 95

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Second, even if businesses treated all consumers (i.e., Bye bye casual browsing.

Privacy 137

Privacy Designs Design Business 137

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. Each can veto an entire business. Super-narrow © license.

Copyright 52

Copyright Fair Use Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 17, 2021

It is incorporated in Delaware, with its principal place of business in New York, New York.” Xandr places third-party cookies and uses it to track users and collect personal information about them, which it then shares with its business partners. maybe the US court will be more pro-consumer/less business-tilted than UK courts?

Litigation 103

Litigation Business Law Marketing 103

LexBlog IP

SEPTEMBER 29, 2021

NDAs are especially essential when sharing information with another business, such as during a joint venture or potential merger. These considerations for drafting an NDA are far from exhaustive, and businesses with any questions or concerns about drafting NDAs should consult with experienced counsel.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

“ Privacy. * Defendants also argue that May inadequately alleges that she is a “customer,” and that Defendants constitute “businesses,” under the CCPA. Moreover, the May complaint plausibly alleges that Defendants meet the definition of “businesses” under the CCPA. ” * Williams v. This argument fares no better.

Privacy 97

Privacy Marketing Marketing Social Media 97

The IP Law Blog

JANUARY 12, 2023

In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98