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

Olartemoure Blog

OCTOBER 27, 2023

Court decision: Due to no previous contract that claimed joined authorship, The Court of Appeals stated that “Malcolm X” was not a joint work. ” WORLD AUDIOVISUAL HERITAGE DAY: Emphasizes the critical role of understanding film copyright in preserving our audiovisual heritage. Our Experts J.

Intellectual Property 104

Intellectual Property Litigation Contracts Copyright 104

LexBlog IP

JULY 14, 2023

Is Your AI Start-UP Headed for Company Killing Litigation? After all the initial hype wears off, we always see a drastic uptick in regulatory action and litigation filed by law firms against any new successful technology. The post AI Companies Are Facing Increasing Risk of Litigation and Regulatory Oversight.

Litigation 52

Litigation Technology Privacy Copyright Infringement 52

Traverse Legal Blog

JULY 14, 2023

Is Your AI Start-UP Headed for Company Killing Litigation? After all the initial hype wears off, we always see a drastic uptick in regulatory action and litigation filed by law firms against any new successful technology. The post AI Companies Are Facing Increasing Risk of Litigation and Regulatory Oversight.

Litigation 52

Litigation Privacy Technology Copyright Infringement 52

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. The Plaintiffs also claim that the contract granted Cardinal a limited, irrevocable, and nonexclusive license to use the drawings, specifications, calculations, etc. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. To understand the source of the problem, it’s first necessary to understand the copyrighted work at issue in many record label agreements. BACKGROUND. ANALYSIS AND UPSHOT.

Music 98

Music Ownership Copyright Law Contracts 98

The IPKat

DECEMBER 26, 2023

Sweden has also transposed Article 20, by amending Section 29 of the Swedish Copyright Act, and news has broken that litigation has begun in that Member State over the application of the resulting national provision and its temporal scope of application.

Contracts 62

Contracts Designs Design Copyright Law 62

Technology & Marketing Law Blog

JANUARY 12, 2024

Some screenshots depicting the framing (the first image shows Google’s superimposed frame on the right; the second shows what happens if users click on the frame in the first image): If this issue sounds familiar, it’s because framing generated huge discussion in Internet Law circles… 20+ years ago. mobile device screen.”

Copying 75

Copying Ownership Derivative Work Contracts 75

IPilogue

JUNE 14, 2022

At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music 120

Music Contracts Ownership Licensing 120

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.]

Copyright Law 52

Copyright Law Copyright Ownership Law 52

The IP Law Blog

JANUARY 19, 2023

Genius sued Google for breach of contract over music transcriptions. The petition states that the Court must clarify whether the Copyright Act’s preemption clause permits a plaintiff to use “state-law contract remedies to enforce a promise not to copy and use its content.” Next up, we have Genius v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

Kluwer Copyright Blog

MAY 15, 2024

copyright law. Copyright Office and the explosion of litigation (see here ) in the U.S., The metadata could include a link to a bank account number so that the author/copyright holder could be directly compensated by the AI-service provider via a smart contract.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

TorrentFreak

AUGUST 2, 2023

The sale and use of cheat software “violates a raft of federal and state laws, breaches users’ contracts with Bungie, and is a basis for significant tort liability,” Bungie writes. Highlighting the refusal of Ring-1 to curtail its activities, Bungie lays down the law.

Copyright Infringement 79

Copyright Infringement Contracts Copyright Business 79

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.

Copyright Law 40

Copyright Law Law Copyright Art 40

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage.

Copyright 78

Copyright Music Contracts Settlement 78

The IP Law Blog

MARCH 31, 2022

The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

Contracts 96

Contracts Law Artwork Copyright 96

Barry Sookman

NOVEMBER 27, 2022

no implied term of non infringement in design contract, what about an implied condition of title? Orders In Council – implementing term extension to Copyright Act now in force. McCarthy Tétrault’s expertise recognized in Lexpert’s Litigation Special Edition and Top 10 Business Decisions | M… [link] 2022-11-23.

Editing 57

Editing Contracts Litigation Designs 57

IP and Legal Filings

NOVEMBER 9, 2022

But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law . Section 2(h) of the Indian Contract Act,1872 defines ‘Contract’ as “An agreement enforceable by law”.

Contracts 52

Contracts Law Technology Privacy 52

Traverse Legal Blog

MARCH 8, 2022

Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). The image of the Crypto Punk linked to the NFT placed on to the blockchain is copyright protected. The art inside the gallery is protected by COpyright law.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. New Destiny Church * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v.

Fair Use 103

Fair Use Cease and Desist Contracts Ownership 103

Olartemoure Blog

OCTOBER 27, 2023

Court decision: Due to no previous contract that claimed joined authorship, The Court of Appeals stated that “Malcolm X” was not a joint work. ” WORLD AUDIOVISUAL HERITAGE DAY: Emphasizes the critical role of understanding film copyright in preserving our audiovisual heritage.

Intellectual Property 97

Intellectual Property Contracts Copyright Law 97

The IPKat

FEBRUARY 3, 2023

As it is discussed at greater length elsewhere ( here ), TDM is an example of an area in which legislative intervention has been broadly justified by reference to the need of freeing up certain copyright-covered spaces to facilitate research and increase innovation and competitiveness. Is this the end of the road? Most likely not.

Government 141

Government Related Rights Copyright Law 141

Technology & Marketing Law Blog

JUNE 11, 2022

After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. This is a preview of the future of CCB litigation…CAN’T WAIT! Although courts have divided on this issue, I conclude that the copyright laws support this theory of liability on the facts of this case.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

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. Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. In Ashdown v.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Implied-in-Law Contract/Unjust Enrichment. Google responds that whatever it means, it’s preempted by copyright law.

Licensing 89

Licensing Copyright Contracts Advertising 89

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

The IP Law Blog

MAY 18, 2023

UMG considers this a violation of copyright law. The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. A publication by the US Copyright Office specifically says that “under U.S.

Music 52

Music Fair Use Copyright Law 52

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. Under EU Law, the most significant developments were introduced by articles 3 and 4 CDSMD, and its national implementations. In this fragmented landscape, self-regulation (e.g., 3(2) CDSM, the text of item 7.8 Elsevier, Wiley and SAGE).

Publishing 98

Publishing Art Licensing Copying 98

LexBlog IP

MAY 18, 2023

UMG considers this a violation of copyright law. The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. ” A publication by the US Copyright Office specifically says that “under U.S.

Music 52

Music Fair Use Copyright Copyright Law 52

The IP Law Blog

FEBRUARY 23, 2023

Reid , “an author is the party who actually creates the work, that is, the person who translates an idea into a fixed, tangible expression entitled to copyright protection.” And based on that, the court found the responses given by Taggart were “not an expression of an idea for the purpose of copyright law.”

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

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. The unpredictable nature of these claims often results in settlements to avoid litigation.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 9.

Database Right 52

Database Right Licensing Public Domain Artwork 52

SpicyIP

MAY 3, 2023

However, in contrast to frequently litigated matters such as infringement of copyright, the concept of moral rights has not been meaningfully considered in Indian jurisprudence more than a handful of times (discussed below).

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

Technology & Marketing Law Blog

MARCH 23, 2022

If this sounds a little like Trump’s promise to build a wall and make Mexico pay for it, well, welcome to copytrump law in the 21st century. In 1998, Congress adopted the DMCA, consisting of five different sections intended to update copyright law for the 21st Century. Background. 512 provided 5 safe harbors.

Technology 113

Technology Licensing Copyright Designs 113

SpicyIP

SEPTEMBER 11, 2023

Tejaswini writes on this order by the Division Bench and its subsequent acknowledgment by the court, highlighting how this order can correct the practice of granting unfair ex parte ad-interim interim injunctions in Trademark litigation disputes. Other Posts Have a Break, Have a KitKat: The Chocolate or Chanachur?

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Registration Trademark Copyright Music 105

The IP Law Blog

AUGUST 25, 2022

As to the first prong, the Ninth Circuit readily concluded that because the claim was one for copyright infringement, it was clearly a claim under federal law. The Court also found it significant that VNG had “contracted with U.S. law and, at the very least, affect U.S. businesses in conjunction with Zing MP3.”

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98