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[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriends by Adrian Aronsson-Storrier and Oliver Fairhurst (both Lewis Silkin) on protectability of AI-generated outputs under UK copyright. Does UK copyright law protection extend to computer-generated works which are not original?

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

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Getting paid to play? Copyright, contract, and the rewards for UGC

Kluwer Copyright Blog

The existence of this dialectical relationship between rightsholder and user sits at odds with the principles of the copyright system which often assume a dichotomous, all-rights-reserved model of creativity. Likewise, limited copyright exceptions don’t accommodate for this broadly construed ‘use’ of a work.

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The Coming Copyright/Trademark Storm for NFTs

Plagiarism Today

While that may be scary for the marketplace, it may be precisely what is needed for the market to enjoy any mainstream success. You simply cannot have a legitimate market that trades almost entirely in illegitimate goods. The biggest is how copyright law will apply to marketplaces like OpenSea. Shades of Napster. Bottom Line.

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The Rise of Influencer Marketing – Contractual Considerations

IP Tech Blog

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

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The Rise of Influencer Marketing – Contractual Considerations

LexBlog IP

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

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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. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.