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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. Restrict the treaty’s terms to apply only to traditional broadcasting–linear radio and television broadcasting and cablecasting.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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.

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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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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication.