Contracts Derivative Work Litigation Marketing 
Velocity of Content
MARCH 16, 2023
Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use.
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.
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43(B)log
AUGUST 11, 2022
Do other jurisdictions have litigation over editors/give © credit to editors? Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. Not available in ©. A: editor example is tricky b/c it’s about construction of originality.
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. WhenU concluded that trademarks was a dead-end.
Kluwer Copyright Blog
FEBRUARY 22, 2022
In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. For investors, copyright has become a currency; users struggle with rights clearance (or ignore rights altogether); creators seek ever new ways to the market.
LexBlog IP
APRIL 13, 2022
As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.
43(B)log
FEBRUARY 4, 2023
But socially valuable innovations can be difficult to marketize/commodify. Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. Lunney: benefits of © system may also include consumption of © works: attending theater, buying albums, books.
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