Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands.

Marketing 81

Marketing Marketing Branding Brands 81

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Velocity of Content

DECEMBER 14, 2023

Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property. Success is dependent on collaboration, networking, and sharing information.

Licensing 98

Licensing Copyright Publishing Journalism 98

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. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. 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

IP and Legal Filings

JANUARY 23, 2023

In the current cyberspace, copyright infringement and piracy have occurred from developers, artists, and end users. The copyrights Act includes computer programmes and electronic communication, however this has been viewed as a grey area. NFTs are governed by smart contracts, which divide ownership and limit transferability.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Technology & Marketing Law Blog

JUNE 2, 2022

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. Market Effect. Third, if the jury finds copyright infringement, ordinarily a permanent injunction would follow. Prior Tattoo Copyright Blog Posts.

Copyright 143

Copyright Social Media Fair Use Licensing 143

Technology & Marketing Law Blog

JANUARY 12, 2024

Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law. .”

Copying 75

Copying Ownership Derivative Work Contracts 75

Kluwer Copyright Blog

JANUARY 9, 2023

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement… In seeking Supreme Court review, the [Andy Warhol] Foundation argued that the Goldsmith decision was inconsistent with the Court’s teachings in Campbell and Google. .

Copyright 95

Copyright Blogging Fair Use Reporting 95

TorrentFreak

AUGUST 2, 2023

A Bungie-compiled list of online aliases, including PRAGMATICTAX, NOVA, J3STER and CYPHER, are the latest individuals to face legal action for developing, marketing, selling, and providing customer support for, tools that enable cheating in the blockbuster online game, Destiny 2.

Copyright Infringement 79

Copyright Infringement Contracts Copyright Business 79

Technology & Marketing Law Blog

NOVEMBER 30, 2022

As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.

Copyright 127

Copyright Advertising Advertising Copyright Infringement 127

The IP Law Blog

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”?

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. The issue got so bad that Cent, one of the largest marketplaces for NFTs, shut down nearly all NFT sales over “rampant” issues with copyright infringement and plagiarism. It’s a simple idea, but one that hasn’t taken off yet.

Copyright 234

Copyright Non-Fungible Tokens Technology Plagiarism 234

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. What has been the market-effect on the underlying work? Are Memes Dangerous? Warner Bros. Warner Bros.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price.

Copying 52

Copying Copyright Law Copyright Editing 52

Technology & Marketing Law Blog

JUNE 11, 2022

Apparently the “de minimis” defense to copyright infringement doesn’t exist at all in the 9th Circuit. The court adds: “Apple was not willfully infringing merely because it did not exhaustively background check the hundreds of thousands of uploaders on its store.”]. 19-55882 (9th Cir. Tumblr, Inc.,

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

TorrentFreak

MAY 29, 2023

million copyright infringement damages award in hand, and suddenly cooperative defendants helping to unveil others involved in the circumvention of Bungie’s technological protection measures. By June 2022, Bungie had a $13.5

Copyright 128

Copyright Privacy Settlement Copyright Infringement 128

SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Image from here. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. ” One potential way (though not the only way) to do this is by looking to the Copyright Act for guidance. This is, after all, supposed to be a copyright case.

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

Kluwer Copyright Blog

OCTOBER 10, 2023

Photo by Jr Korpa on Unsplash Free spaces in copyright law are fundamental. They allow us to use and enjoy copyright works, ultimately supporting the creation of future works. Yet, since the Information Society Directive , European copyright law has preferred to protect and incentivise online business models over creativity.

Art 88

Art Music Copyright Copyright Law 88

Kluwer Copyright Blog

APRIL 18, 2023

Since then, Meta has been technically liable for copyright infringement whenever its users upload content reproducing Italian songs, in accordance with the new regime of direct liability as per Art. 102- septies of the Italian Copyright Law). The last license agreement between SIAE and Meta expired on 16 December 2022.

Music 98

Music Art Licensing Copyright 98

43(B)log

APRIL 7, 2023

Special rules for hosting providers, including online platforms; online platforms, including distance contracts, and very large online platforms and very large online search engines. What about the copyright interface w/ the DSA? 2(4): this is all w/o prejudice to rules laiid down by the © laws. Primary liability is harmonized.

Copyright Law 40

Copyright Law Law Copyright Art 40

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. Deterrent to Infringement – A copyright registration could act as a deterrent against potential infringement.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? IIM ) , and their applicability cannot be waived by contract.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Also consider international markets. Market leaders cannot protect themselves from all knock-offs or commentary.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Kluwer Copyright Blog

SEPTEMBER 8, 2022

“Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. 3) Why do only fools and horses write original material?

Blogging 52

Blogging Law IP Copyright 52

CopyrightsWorld

MARCH 30, 2021

If you ask any professional working on digital marketing what is the most valuable online asset for a business, you’ll get pretty the same answer. The second one is to get ownership of their copyright, know their rights under the copyright laws and how to protect them. Which ones? What is original work? Work for Hire.

Copyright 74

Copyright Ownership Intellectual Property Blogging 74

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Coakley’s threats prompted Wagging Tails—successor to Virtuoso and affiliated with Harvey Berger—to file its breach of contract and copyright infringement lawsuit against Coakley in federal court in Los Angeles.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

AUGUST 12, 2021

Finally, the court says there is a real possibility of market harm to Nicklen’s work: However, the Sinclair Defendants’ use of the copyrighted video, if widespread, would harm the licensing market for Nicklen’s video. But isn’t all of copyright law form over substance? Breitbart News.

Social Media 140

Social Media Copyright Fair Use Licensing 140

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Also consider international markets. Market leaders cannot protect themselves from all knock-offs or commentary.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v. Ltd, et al.-

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

FEBRUARY 28, 2022

17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. 8 UrhDaG); general responsibility under copyright law for user uploads is established in Sec.

Art 56

Art Copyright Law Copyright Law 56

IP and Legal Filings

JULY 21, 2022

Copyright ensures certain minimum rights and it has never been an absolute right. If copyright protection is applied rigidly, it will hamper progress of the society. The price that a copyright owner may deem to be “fair” is not always one that users of the work are willing or able to pay. Evolution afterward.

Copyright 87

Copyright Licensing Higher Education Copying 87

LexBlog IP

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”?

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52

Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. 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.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

MARCH 23, 2022

In 1998, Congress adopted the DMCA, consisting of five different sections intended to update copyright law for the 21st Century. Even the DMCA’s biggest success, its online safe harbors for user-caused copyright infringement, has mostly failed. Remember the protections for vessel hull designs?

Technology 113

Technology Licensing Copyright Designs 113