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

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.

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. The post 3 Count: Dark Horse Dismissal appeared first on Plagiarism Today.

Settlement 199

Settlement Copyright Law Copying Plagiarism 199

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

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 85

Copyright Contracts Copying Licensing 85

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

Plagiarism Today

OCTOBER 21, 2021

They allege that American Skin copies elements from their 2017 screenplay, A Routine Stop. 2: Kairosoft, the Beloved Mobile Tycoon Game Developer, Openly Accuses its Chinese Publisher of Copyright Infringement and Contract Violation. The lawsuit was filed by filmmakers Selton and Langston Shaw.

Copyright Infringement 189

Copyright Infringement Social Media Publishing Licensing 189

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. 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. This limited edition Dune book may be one of 10 copies of this hardback auctioned.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

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 153

Non-Fungible Tokens Copyright Infringement Publishing Television 153

Plagiarism Today

SEPTEMBER 15, 2022

Morantz claims that he provided a digital copy of his book to aid in research, but that no deal to use it was struck before the episode was released. Morantz, who is 77, is suing Downey over alleged copyright infringement, breach of contract and elder abuse. The book covers Synanon, a drug rehab facility that morphed into a cult.

Reporting 195

Reporting Copyright Infringement Plagiarism Licensing 195

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. However, in the absence of a clear contract, the court interpreted the situation favorably to MD5, claiming that Penhallurick was paid to write the software and that no further royalties were owed.

Copyright Infringement 193

Copyright Infringement Publishing Plagiarism Copyright 193

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

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 143

Copying Copyright Infringement Government Licensing 143

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). 7(1) and art. 17(7) CDSM Directive.

Copyright 122

Copyright Art Licensing Contracts 122

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. . The payment beyond excessive.

Copyright 228

Copyright Non-Fungible Tokens Technology Plagiarism 228

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

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 56

Licensing Social Media Contracts Privacy 56

SpicyIP

JUNE 28, 2023

Simply put “march-in” rights would allow the government to take control of the IP rights of inventions owned by private companies if those inventions have been funded by public money through grants from the government or through licensing agreements with government R&D institutions. Who owns IP resulting from these agreements?

Government 98

Government Invention Contracts Intellectual Property 98

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch? It is claimed that the NFT technology can bridge this gap.

Non-Fungible Tokens 86

Non-Fungible Tokens Government Law Intellectual Property 86

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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 92

Copyright Licensing Higher Education Copying 92

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

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

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

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

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

According to section 17 , the creator of a work is the first copyright owner, but if the work is created as part of a contract of service, the employer is the first copyright owner unless the contract states otherwise (under section 17(c )). 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 96

Licensing Copyright Publishing Contracts 96

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

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

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. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. 3:22-cv-06823 – Whither transformative?

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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

Technology & Marketing Law Blog

JUNE 2, 2022

“Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” Nature of the Work. Amount Used. ” Huh? Warner Bros.

Copyright 142

Copyright Social Media Fair Use Licensing 142

TorrentFreak

SEPTEMBER 29, 2022

repeatedly breached the terms of its Limited Software License Agreement (LSLA) by using third-party cheating software, getting banned by Bungie, and then repeatedly signing back up to breach the LSLA’s terms once again. has indeed rendered the contract void ab initio. The core of Bungie’s lawsuit is that L.L.

Derivative Work 116

Derivative Work Licensing Copyright Infringement Copyright 116

The IPKat

AUGUST 22, 2023

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. Different considerations apply depending on whether one is implying a licence into a contract or whether one is implying a bare licence.

Copyright Law 52

Copyright Law Copyright Law Contracts 52

TorrentFreak

JANUARY 11, 2022

According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software. The cheat software itself certainly isn’t a copy of Bungie’s work, they add. . Copyright Questions. It is a factual and legal impossibility long recognized by the courts.”

Copyright 136

Copyright Law Copying Copyright Infringement 136

LexBlog IP

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 Technology Branding 52

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 82

Artwork Contracts False Advertising Intellectual Property 82