LexBlog IP

NOVEMBER 2, 2023

Ping® by Adlerlaw Reminder: NYC Requires Written Contracts For Freelance Workers New York City’s Freelance Isn’t Free Act defines freelance workers as any individual hired or retained as an independent contractor by a hiring party to provide services for compensation.

Contracts 40

Contracts Copying Intellectual Property 40

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? Handle, Inc.,

Advertising 107

Advertising Advertising Contracts Social Media 107

43(B)log

JULY 19, 2023

Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts. But did the false advertising claim hinge on the alleged label copying? The court of appeals agreed with the latter approach. Concordia’s labels.

Copying 40

Copying False Advertising Advertising Advertising 40

IP Law 360

APRIL 30, 2024

A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.

Contracts 52

Contracts Copying Designs Design 52

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

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

Barry Sookman

MARCH 24, 2020

To consummate transactions and to otherwise engage in contractual activities, organizations have increasingly relied on electronic means of contracting using everything from webwraps and clickwraps (and hybrid variations of these forms of agreements) and electronic documents executed using electronic signatures.

Contracts 52

Contracts Law Business Technology 52

Plagiarism Today

APRIL 19, 2022

Though the company provides traditional copy-and-paste plagiarism detection, the service aims to detect the “voice” of the author and the meaning of their text, hunting for sources that may match it too closely, even if the text itself isn’t duplicated. The Need for Smart Plagiarism Detection. Expanding the Usefulness. Bottom Line.

Plagiarism 322

Plagiarism Copying Contracts Publishing 322

Kluwer Copyright Blog

APRIL 13, 2023

CJEU judgments and AG Opinions Ocilion, AG Opinion, C-426/21 This is yet another preliminary reference on the private copying exception in Article 5(2)(b) InfoSoc Directive coming from the Austrian courts. For the a comment on the most recent Court judgment on private copying and the cloud (Case C-433/20), also coming from Austria, see here.

Copyright Law 75

Copyright Law Law Copyright Copying 75

IP Law 360

FEBRUARY 1, 2024

A Washington federal judge said she was not persuaded that a video game company could keep from paying a former contract employee royalties for his work on a survival game that has sold millions of copies, telling an attorney for the company Thursday that someone who produces creative work is entitled to royalties.

Contracts 52

Contracts Copying 52

IP Watchdog

DECEMBER 12, 2022

Supreme Court today invited the Solicitor General’s views in a copyright case that asks the High Court to grant a petition on the question of whether the Copyright Act’s preemption clause allows a business “to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?”

Copyright 124

Copyright Contracts Copying Business 124

The IPKat

APRIL 15, 2024

The prompt used by the claimant in this case had been: “ Create a visual representation of two parties signing a business contract in a formal setting, such as a conference room or a law firm office in Prague. The defendant, a local law firm, subsequently copied the Image and used it on its own website (presumably, to prove a point?).

Copyright 145

Copyright Copying Copyright Infringement Contracts 145

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. Ripps has clearly downloaded the digital files of the original BAYC collection, copied and re-used them to create his own RR BAYC collection. Ether (USD 1+ million).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Plagiarism Today

MARCH 1, 2023

Authors have been reporting that Amazon has been pulling their books because of pirated copies that allegedly breaking an exclusivity clause. The post How Amazon is Punishing Victims of Piracy appeared first on Plagiarism Today.

Plagiarism 237

Plagiarism Copying Reporting Publishing 237

Plagiarism Today

AUGUST 16, 2022

1: New Tools to Detect Contract Cheating. Services such as Turnitin and Unicheck have made it much more difficult to get away with copy and paste plagiarism. That caused many students to look to contract cheating, either locally or through online essay mills. As such, expect to see rapid growth for tools to address this issue.

Plagiarism 212

Plagiarism Contracts Copying Litigation 212

Plagiarism Today

NOVEMBER 18, 2021

It was hot on the heels of a very different kind of copying scandal, one that involved Streamlabs announcing the launch of a new product using content copied and pasted from one of their biggest competitors. Hey, can I copy your homework? ? Yeah, just change it up a bit so it’s not obvious you copied. This is our fault.

Plagiarism 240

Plagiarism Web Development Copying Copyright Notice 240

IP and Legal Filings

FEBRUARY 9, 2023

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

Copyright 79

Copyright Contracts Copying Licensing 79

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series. Valid Transfer of Rights?

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Plagiarism Today

MARCH 14, 2022

Genius filed the lawsuit in 2019 alleging that Google was unlawfully copying lyrics to songs that they had hosted. According to Genius, they had used watermarking techniques to prove that Google had copied from their database of lyrics.

Settlement 200

Settlement Copyright Law Copying Plagiarism 200

IP Watchdog

JUNE 26, 2023

Genius’s petition asked the High Court to answer the question of whether the Copyright Act’s preemption clause allows a business “to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?”

IP 64

IP Contracts Copying Business 64

IPilogue

DECEMBER 8, 2022

NFTs are blockchain-based assets with a distinct identification number and metadata which can represent real-world objects and cannot be copied or replaced. They are minted using smart contracts. The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports.

Non-Fungible Tokens 118

Non-Fungible Tokens Contracts Advertising Advertising 118

Plagiarism Today

AUGUST 30, 2022

Handling citation after one has finished writing a piece opens the door to serious mistakes, including passages that were copied but not quoted, missing citations and forgotten sources. One of the major changes in the past decade has been the rise of contract cheating. However, that is not the case. 2: Avoid Free Plagiarism Checkers.

Plagiarism 217

Plagiarism Contracts Copying Editing 217

TorrentFreak

AUGUST 11, 2022

600,000 ‘Infringing’ Copies. This is based on the installed copies and the price both parties would have reached in a ‘fictitious’ negotiation. ” 579 ‘Infringing’ Copies. For one, it is unclear how many copies the U.S. Unfortunately, most of the legal paperwork is sealed.

Copying 142

Copying Copyright Infringement Government Licensing 142

Technology & Marketing Law Blog

APRIL 26, 2023

“Amazon claimed Jackson accepted [the 2019 TOS] by continuing to make deliveries after being emailed a copy of the new terms… Amazon, however, did not produce a copy of the 2019 email notifying drivers of the new TOS, nor did it provide any evidence that Jackson received such an email.”

Contracts 76

Contracts Copying Technology Licensing 76

Patently-O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. But, Genius does require its users to agree to an extensive contractual agreement that includes a promise that the user will not commercially reproduce, copy, or distribute any portion of the Genius service. Genius sued.

Copyright Law 78

Copyright Law Copyright Law Contracts 78

Plagiarism Today

NOVEMBER 17, 2021

They are a way to sell “unique” copies of digital works but do not transfer any rights. Nonetheless, Mirimax claims to hold all the copyrights and trademarks related to the film, prompting them to file a lawsuit for breach of contract, copyright infringement, trademark infringement and unfair competition.

Non-Fungible Tokens 154

Non-Fungible Tokens Copyright Infringement Publishing Television 154

TorrentFreak

FEBRUARY 20, 2023

Sales of the cheats and loader, which effectively bypassed Bungie’s copyright protections, amount to 1,361 copies in total. “The evidence shows that Phoenix sold more than one thousand copies of the cheats. — A copy of the arbitration Judge’s conclusions is available here (pdf). .

Copying 119

Copying Copyright Infringement Copyright Contracts 119

The IPKat

AUGUST 3, 2022

These rights are often owned by different people, and are governed by contracts, so who owns what and how much they earn depends on the agreement between the parties. She said that she was told everything would be split equally between herself, Williams and Hugo, and so did not double check when presented with the contract.

Music 143

Music Contracts Copyright Government 143

Olartemoure Blog

JULY 17, 2023

Mattel produced the line of dolls called “My Scene” In April 2005… MGA (Bratz) filed a lawsuit claiming that Mattel (Barbie) had copied the distinctive big-headed and slim-bodied appearance of the Bratz dolls in this new line. La entrada Infographic | Barbie movie se publicó primero en OlarteMoure | Intellectual Property.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

43(B)log

DECEMBER 6, 2023

The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Hy-Vee, Inc., 3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D.

Ownership 69

Ownership Contracts Copyright Registration 69

Plagiarism Today

APRIL 4, 2022

In some types of programming, especially when there’s only one correct way to do something, copying code isn’t just a shortcut, it’s the norm. Many lawyers also copy and paste heavily in the legal documents in a bid to meet the criteria there.

Plagiarism 240

Plagiarism Social Media Contracts Copying 240

Traverse Legal Blog

JANUARY 30, 2023

Yes, AI contract drafting is coming. These tools can search for relevant templates and reduce time formatting documents such as contracts. But AI can optimize the contract drafting process and provide educational information so that clients can speak more intelligently to their attorneys. But AI won’t replace attorneys.

Contracts 96

Contracts Law Technology Editing 96

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Primer on CCPA/CPRA. Primer on FOSTA.

Editing 145

Editing Law Privacy Contracts 145

The IPKat

AUGUST 31, 2022

by Marianna Ryan Decentralised Autonomous Organisations (DAOs) are a new type of quasi-corporate entities, existing with the use of blockchain and smart contracts. The use of blockchain and smart contracts in the creation of DAOs has its pros and cons. Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh?

Ownership 134

Ownership IP Contracts Inventor 134

Traverse Legal Blog

JANUARY 26, 2022

The NFT is a smart contract coded with the NFT. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e. Without a separate licensing contract (typically a web page) for the underlying asset, an essential part of the NFT transaction is unaddressed. the Bored Ape or CryptoPunk).

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

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 115

Contracts Registration Litigation Copying 115

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