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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

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. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

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.

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Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. No amendment offered in public session. No amendment offered in public session. But the present draft clearly reaches such content. [2]

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Copyright Evidence: 21 for 2021 (a year in review)

Kluwer Copyright Blog

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

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European Copyright Society letter to Commissioner Breton on a future agenda in the field of copyright law

Kluwer Copyright Blog

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law.

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Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

Here, merely automated and mechanical work that lacks originality is also protected by the said copyright doctrine. For instance, in accordance with this doctrine, the author would be entitled to copyright protection if someone collected different poems that were previously in the public domain and produced in a single document.

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Article 17 DSM Directive: the Swedish proposal (Part 2)

Kluwer Copyright Blog

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. More from our authors: Law of Raw Data. But there is more.