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. 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.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Plagiarism Today

MARCH 14, 2022

copyright law. 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. Neither side commented on the decision.

Settlement 212

Settlement Copyright Law Copying Plagiarism 212

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it.

Licensing 84

Licensing Copying Blogging Copyright 84

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 77

Privacy Law Intellectual Property Music 77

TorrentFreak

JANUARY 11, 2022

Mann, argues that Bungie misuses the law to go after cheaters while cheating itself isn’t unlawful. ” “Bungie apparently hopes to bamboozle this court into proscribing entirely lawful activities. .” ” “Bungie apparently hopes to bamboozle this court into proscribing entirely lawful activities.

Copyright 132

Copyright Law Copying Copyright Infringement 132

The IPKat

AUGUST 22, 2023

This is a review of Poorna Mysoor ’s Implied licences in copyright law (Oxford University Press, 2021). In chapter one, the book explains the nature of a copyright licence using Hohfeldian analytics , concluding that a licence is not in itself a contract but may be part of a contract.

Copyright Law 52

Copyright Law Copyright Law Contracts 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. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E. ML Genius v.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. Specifically, the Austrian law were found to violate the country-of-origin principle in Article 3 of the Directive.

Copyright Law 73

Copyright Law Law Copyright Reporting 73

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 107

Advertising Advertising Contracts Social Media 107

Kluwer Copyright Blog

APRIL 15, 2024

3) What is the effect of open source licenses on the AI model that uses only some open source components? (4) There are many AI models that claim to be open source – just as there are multiple forms of open source licenses , from permissive licenses (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 103

Licensing Social Media Contracts Privacy 103

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). For example, art.

Copyright 122

Copyright Art Licensing Contracts 122

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 81

Copyright Contracts Copying Licensing 81

Plagiarism Today

NOVEMBER 17, 2021

First off today, Samantha Handler at Bloomberg Law reports that the film studio Mirimax has filed a copyright infringement lawsuit against director Quentin Tarantino over Tarantino’s plans to release of Non-Fungible Tokens (NFTs) related to the film Pulp Fiction. Have any suggestions for the 3 Count?

Non-Fungible Tokens 160

Non-Fungible Tokens Copyright Infringement Publishing Television 160

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

The IPKat

JUNE 27, 2022

Trade mark infringement cause of action is brought under common law while unfair competition cause of action is brought under both common law and California Business and Professions Code §§ 17200 et seq. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. This is a U.S A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Plagiarism Today

DECEMBER 6, 2021

At issue is pirate sites that, according to publishers, use the Shopify platform to sell pirate ebook copies of textbooks. Next up today, Christina Tabacco at Law Street Media reports that a half dozen movie studios have filed a lawsuit against the free streaming service Primewire alleging that the service is engaged in widespread piracy.

Copyright Infringement 205

Copyright Infringement Publishing Plagiarism Copyright 205

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. 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.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . Make the book public (to the extent permitted by law) 2.

Copyright 240

Copyright Non-Fungible Tokens Technology Plagiarism 240

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Law and the courts encourage innovation by guaranteeing its unrestricted flow while continuously attempting to avert abuse.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). Part II will focus on copyright contract law and claims under copyright law.

Law 64

Law Music Copyright Art 64

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Part II will cover claims under copyright law and copyright collection societies.

Copyright 52

Copyright Law Copyright Law Contracts 52

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The process of creating a digital asset with a smart contract is called "minting". a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

SpicyIP

JUNE 28, 2023

Saranya is a 3rd year student at Nalsar University of Law, Hyderabad. Most of these policies leave considerable discretion to the individual institutions to decide the terms of licensing/assigning the IP in inventions to the public sector. and Saranya Ravindran on the lack of transparency on public funded R&D in India.

Government 98

Government Invention Contracts Intellectual Property 98

Technology & Marketing Law Blog

JUNE 2, 2022

This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. Background. Nature of the Work. Amount Used. ” Huh?

Copyright 142

Copyright Social Media Fair Use Licensing 142

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

IPilogue

JANUARY 11, 2023

Ivana Peloza is a 3L JD Candidate at Osgoode Hall Law School. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. This article was written as a requirement for Prof.

Journalism 80

Journalism Privacy Contracts IP 80

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Plagiarism Today

APRIL 20, 2022

A wide myriad of laws impact, or at least can impact, scraping activities online. . Not only was the decision itself extremely narrow, but it only looks at one of the myriad of laws that can impact web scraping activities. The CFAA is far from the only law that governs web scraping. Where Does This Leave Us. Bottom Line.

Licensing 247

Licensing Government Plagiarism Copyright 247

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. for taking reprographic usage licenses after paying a prescribed tariff.

Copyright 89

Copyright Licensing Higher Education Copying 89

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 76

Contracts Copying Technology Licensing 76

TorrentFreak

FEBRUARY 20, 2023

AimJunkies denied the claims and argued that cheating isn’t against the law. 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.

Copying 121

Copying Copyright Infringement Copyright Contracts 121

Traverse Legal Blog

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. 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

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars. In addition, copyright law favours protection for long statements over short ones. written in advance).

Fair Use 52

Fair Use Ownership Copyright Licensing 52

Velocity of Content

APRIL 25, 2023

And, if by that you mean you’re going to copy it in some way, you’re going to reproduce something that looks very similar to the original version with maybe a few amendments, or you’re getting it nicely reconfigured digitally, what you’re not really doing, then, is redrawing a figure.

Licensing 98

Licensing Copyright Publishing Contracts 98

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Designs Design Copyright Law 62

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