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

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

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. In November 2023, X corp.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

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

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. . The payment beyond excessive.

Copyright 241

Copyright Non-Fungible Tokens Technology Plagiarism 241

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 76

Copyright Contracts Copying Licensing 76

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

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.” Market Effect. “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.” ” Huh? Warner Bros.

Copyright 142

Copyright Social Media Fair Use Licensing 142

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

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

Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. Nicklen sued Sinclair Broadcast Group and others. Is Embedding a Display? Under the Copyright Act, display.

Social Media 140

Social Media Copyright Fair Use Licensing 140

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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 84

Copyright Licensing Higher Education Copying 84

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

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

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. Copyright in Tattoos.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

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 Art 82

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed. Its revised terms make clear that platform users are not granted an express license. For example.

Licensing 114

Licensing Fair Use Blogging Copyright 114

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 116

Contracts Registration Litigation Copying 116

Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. Factor three : The entirety of the work was copied. McGucken is appealing the ruling against him. He has a reasonable chance of success on appeal.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

The IPKat

FEBRUARY 13, 2022

DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. According to WIPO, China's accession means that the Hague System will cover nine of the world's top 10 economic markets. COPYRIGHT In the U.S.,

Blogging 52

Blogging IP Copying Copyright 52

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

Copyright Infringement 142

Copyright Infringement Copyright Derivative Work Artwork 142

Technology & Marketing Law Blog

JULY 14, 2022

NB: there always should be someone at the company who can easily answer just how many times the TOS has been amended and provide definitive copies of each amendment and the date they occurred. That would be a legal fiction, but most online contract formation law is predicated on similar fictions). Sony Network Entertainment. *

Contracts 108

Contracts Blogging Business Law 108

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. This protection extends to unauthorized reproduction, adaptation, and distribution, among other activities. Who owns the copyright?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

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 73

Privacy Law Intellectual Property Music 73

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. Bonne chance.”).

Contracts 92

Contracts Social Media Advertising Advertising 92

Kluwer Copyright Blog

JANUARY 4, 2024

CJEU judgments Seven.One, CJEU, C-260/22 Coming from Germany, this preliminary reference concerned broadcasting organisations and their entitlement to fair compensation as a result of private copying.

Copyright Law 73

Copyright Law Law Copyright Reporting 73

Technology & Marketing Law Blog

DECEMBER 6, 2022

In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. LinkedIn’s User Agreement includes a provision that warns users that public data may be copied and used by others. On November 4th (spoiler alert!) The opinion.

Blogging 76

Blogging Contracts Litigation Law 76

Technology & Marketing Law Blog

MARCH 22, 2022

Furthermore, Business Casual alleged that although YouTube has automated processes to identify and flag videos containing copyrighted content, TV-Novosti intentionally circumvented these processes by applying certain editing techniques to the content that TV-Novosti allegedly copied. The plaintiff basically said “WTF? The complaint.

Business 106

Business Copyright Copyright Infringement Licensing 106

TorrentFreak

AUGUST 21, 2021

After the apparent demise of Area 51 but in advance of the settlement being finalized, it’s alleged that Tusa launched a close copy of Area 51 called SingularityMedia, which scooped up Area 51’s customers. A pending settlement agreement included a clause that Tusa couldn’t launch or be involved with any similar services.

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more.

Licensing 88

Licensing Copyright Contracts Advertising 88

SpicyIP

OCTOBER 28, 2022

While pleadings are not uploaded online by the Delhi High Court, Entrackr has obtained copies of the pleadings and has discussed some of the key facts and arguments here. Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books.

Copyright 126

Copyright Copyright Infringement Fair Use Licensing 126

LexBlog IP

FEBRUARY 21, 2022

On the Ethereum blockchain (where most NFTs exist) all NFTs must conform to the ERC721 smart contract standard. This industry-adopted standard is relatively simple: it specifies which specific address holds a specific NFT, which is nothing more than a unique identifier in a given NFT smart contract.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Technology & Marketing Law Blog

JULY 19, 2023

On the last of the three signup webpages, legal copy abounds, with some text appearing on the left-hand side of the page underneath high-level explanations of the trial membership. It’s not clear to me that other judges will grade contract formation as harshly as this judge did. Maybe that was an (over?)correction June 22, 2023).

Privacy 89

Privacy Contracts Marketing Marketing 89