Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. Oracle , which stressed the trial judge’s role in the ultimate fair use determination.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

IP and Legal Filings

FEBRUARY 9, 2023

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

Copyright 78

Copyright Contracts Copying Licensing 78

Technology & Marketing Law Blog

NOVEMBER 11, 2023

I see potential legitimate trademark defenses for the design. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. I don’t understand the shirt’s message, but it clearly has a message unrelated to Car-Freshner’s trademark rights.

Trademark 93

Trademark Contracts Blogging Fair Use 93

IP and Legal Filings

NOVEMBER 11, 2022

Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc., Industrial and graphic designs, applied art, architectural buildings are also protected by copyright. For example, quoting a small portion of a work in a scholarly article is considered non-infringing fair use.

Copyright 52

Copyright Fair Use Registration Ownership 52

Kluwer Copyright Blog

MAY 15, 2024

The authors and copyright holders would like to receive a fair and equitable remuneration, while the AI-service providers would like to have access to high-quality data, such as copyrighted works, so that they can further improve their LLMs and promote the progress of innovation. However, this does not have to be the case.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Kluwer Copyright Blog

JANUARY 9, 2023

Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 112

Registration Fair Use Copyright Designs 112

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Recognize the subtleties of fair use. If you can’t get permission, you can still freely use original work for non-commercial purposes if you are aware of your rights under fair use. Before using someone else’s creation, consider how your actions will affect its market worth.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing 52

Editing Law Contracts Privacy 52

JIPEL Copyright Blog

MARCH 9, 2022

There are clear advantages to the use of these technologies in the museum context. That said, for risk-averse museums who may (understandably) wish not to serve as a litigation guinea pig, obtaining authorization from the appropriate rights owners through licenses and contracts may be the preferred approach.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. .” LFP , Inc. ,

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? Absent consent, fair use, or a First Amendment defense, publishing the interviews without Trump’s consent is therefore a violation of his copyright.

Copyright 120

Copyright Blogging Publishing Fair Use 120

43(B)log

FEBRUARY 3, 2024

Are courts just mistaking the nature of the consumer or just ignoring it and using other factors? Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media. Different brands under helm of same producer can be surprising.

False Advertising 49

False Advertising Contracts Branding Brands 49

Kluwer Copyright Blog

FEBRUARY 13, 2022

General Exception, Including Fair use. Personal or Private Uses. Protection Against Supremacy of Contracts. Transformative Use. Supremacy Of Contracts. Personal or Private Uses. The answers were coded 0 to 3, allowing one to observe the strength of each exception in each country’s law. Library Rights.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Comments on CA AB 2273, The Age-Appropriate Design Code Act). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 89

Editing Social Media Blogging Advertising 89

TorrentFreak

JUNE 23, 2022

In addition to damages relating to the fraudulent notices, the company piled on with additional claims for copyright infringement, false designation, business defamation, breach of contract, and violations of consumer protection law. Whether by carelessness or design, it also included his real name: Nick Minor.

IP 138

IP Copyright Copyright Infringement Music 138

Copyright Lately

DECEMBER 12, 2022

” The Court held that 2 Live Crew’s version qualified as a non-infringing fair use because it was a parody that sufficiently transformed the Orbison original. On March 8, 1994, The New York Times reported 2 Live Crew’s Supreme Court fair use victory. Lil’ Joe Makes a Deal.

Copyright 103

Copyright Music Fair Use Social Media 103

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Contracts should not be permitted to override exceptions and limitations.

Copyright 45

Copyright Licensing Fair Use Contracts 45

IIPRD

FEBRUARY 25, 2022

The development of these tokens has marked a new age of transparency and digital security as it is now possible to create and store a plethora of creations consisting of art, music, contracts, records, pictures, and even tweets as digital assets.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

Technology & Marketing Law Blog

MAY 27, 2023

.” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 66

Ownership Licensing Copyright Fair Use 66

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

FEBRUARY 22, 2021

Copyright: incomplete list: ideas/facts/other § 102(b) limits when applicable; fair use (reverse engineering, text and data mining, other forms of copying); §1201 (too-narrow security research exemption; possible First Amendment limits). using data to do what? Likewise, open access is part of the greater whole.

IP 40

IP Fair Use Copying Intellectual Property 40

JIPL Online

MARCH 19, 2021

Specifically, Facebook Gaming has demonstrated that it is possible to take a proactive approach to music licensing by using your market power to negotiate blanket licenses on behalf of the content creators on your platform. Conclusion. iii] Digital Millennium Copyright Act Notification Guidelines , Twitch, [link] (last visited Feb.

Music 76

Music Copyright Licensing Fair Use 76

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

MAY 18, 2022

Further, creators of virtual goods can defend their use of a third-party trademark if such use amounts to fair use – exercising freedom of speech (as is being argued in MetaBirkin case and Tata v Green Peace), parody, criticism, referential uses.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Indiana Intellectual Property Law

DECEMBER 2, 2022

Therefore, Plaintiff is seeking damages for Federal Trademark Counterfeiting and Infringement, Federal Unfair Competition and False Designation of Origin in violation in violation of Lanham Act 15 U.S.C.

Confidentiality 52

Confidentiality Designs Design Business 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

AUGUST 4, 2023

21 million in Louisiana to “harden” schools, half a billion in Texas; schools designed with curving walls to decrease damage done by active shooters; bulletproof backpacks. There’s no protection for circumvention aimed at noninfringing or fair uses in most circuits. Many uses are noninfringing but not subject of direct case law.

Copyright 52

Copyright Fair Use Marketing Marketing 52

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. That can’t possibly be right. Implications.

Licensing 89

Licensing Copyright Contracts Advertising 89

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple claimed it designed the system to reduce the privacy invasion, but Apple could not guarantee that (1) governments wouldn’t compel Apple to do client-side scanning for the government’s benefit, or (2) the compelled scanning would only target CSAM. The Crisis of Online Contracts (as Told in 10 Memes) , Notre Dame J.

Social Media 127

Social Media Law Privacy Government 127

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. Possible solutions to reduce cost/human hours: AI assistance should be designed to provide better understanding of appropriate context. Consent: we’re transferring our rights all the time by contract. Her conclusion: no.

Privacy 59

Privacy Inventor IP Government 59

43(B)log

APRIL 7, 2023

4) Separating new regulatory expectations from underlying social contract around liability. Crops up in the US w/fair use—rightsholders don’t like the idea of fair uses. The Sony presumption of commercial use being unfair was rolled back in Campbell , but privatized © agreements override Campbell.

Due Diligence 52

Due Diligence Copyright Art Fair Use 52