Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The court says that either New York or California law governs, and the result would be the same under either state’s law. Freedom Financial Network, LLC.

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Technology & Marketing Law Blog

JULY 16, 2021

In such a transaction, a user may reasonably believe he or she is simply signing up for a service without understanding that he or she is entering into a significant contractual relationship governed by wide-ranging terms of use. Reminder: courts sometimes demand that consumers click twice to form a contract. DoorDash, Inc.,

Advertising 108

Advertising Advertising Contracts Social Media 108

LexBlog IP

MAY 16, 2023

However, the new UPS also significantly affects existing European patents (EP) with designations in the 17 EU Member States participating in the UPS. Parties entering into patent transactions involving existing (or potential future) EPs should consider the impact of the UPS on their contracts and licences.

Contracts 52

Contracts Patent Designs Design 52

LexBlog IP

JULY 14, 2022

A new collective bargaining agreement governing the use of SAG-AFTRA (the Union) performers in commercials has been reached between the Union and the Joint Policy Committee (JPC). The pricing structures set forth in the Commercials Contract under prior agreements have been a source of confusion for both signatories and talent.

Contracts 52

Contracts Advertising Advertising Social Media 52

The IPKat

APRIL 4, 2024

The disproportionate remuneration stemmed from contracts entered into with dominant players, especially in the music industry, and this has over time been a major source of worry for the South African government. The MITT and CRC found the Copyright Act to be inadequate in addressing the issues.

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Copyright Music Artistic Work Contracts 132

Kluwer Copyright Blog

JULY 27, 2023

Change in cultural and creative industries Mathieu Jaton (Director of Montreux Jazz Festival) – “ How new technologies and new medias will change the music business ” Anthony Masure (Head of the Art and Design Research Institute, HEAD – Genève (HES-SO)) – “Paying for culture or paying for artist?” FRAND licenses could be used.

Government 52

Government Art Technology Contracts 52

Technology & Marketing Law Blog

APRIL 8, 2023

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. In all likelihood, BIPA consent would require, at minimum, a two-click process to proceed.

Privacy 126

Privacy Law Contracts Designs 126

TorrentFreak

AUGUST 11, 2022

Government regularly goes after copyright-infringing companies and individuals, both domestically and abroad. Last year, the Court of Appeals for the Federal Circuit sided with the software company, concluding that the US Government is indeed liable. That doesn’t mean that there are no copyright issues within its own ranks.

Copying 143

Copying Copyright Infringement Government Licensing 143

Kluwer Copyright Blog

AUGUST 18, 2021

Much bigger pressures come from the 2019 Open data and public sector information directive , the 2020 proposal for a Data governance regulation , and the still to be announced proposal for a Data Act. Stage II: The Data Governance Act. The proposed Data governance act seeks to expand the scope of the Open data directive.

Government 56

Government Database Right Intellectual Property Copyright 56

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Copyright: WIPO. Delete Article 8.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

TorrentFreak

JUNE 15, 2022

Over the past decades, the Software Alliance ( BSA ) has helped major software companies including Adobe, Autodesk, IBM, and Microsoft, to fight against under-licensed businesses. These are substantial businesses winning lucrative contracts. Pirate Bridges and Cracked Roads.

Designs 110

Designs Design Business Contracts 110

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 136

Contracts Publishing Law Government 136

LexBlog IP

FEBRUARY 16, 2024

This includes providing input on package or product designs and colorways and overseeing the production process. Thus, companies have a clear interest in ensuring that the freelancers they occasionally contract with are deemed independent contractors, not employees. According to California Labor Code section 3351.5(c)

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Plaintiffs have attempted a wide range of common law, statutory, contract, and Constitutional claims, and courts have rejected those claims based on one or more of the following four grounds: Prima Facie Elements. In other words, the law simply wasn’t designed to redress the plaintiffs’ concerns. Section 230.

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Publishing Government Contracts Law 94

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 79

Social Media Ownership Designs Design 79

Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Things to Keep in Mind Maintaining Secrecy – Only inventions and designs which are not previously disclosed can be registered for patents and industrial designs.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums.

False Advertising 99

False Advertising Advertising Advertising Business 99

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 117

Blogging Law Contracts Cease and Desist 117

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. AA’s terms and conditions says that all disputes arising under its agreements will be governed by the Northern District of Texas. Breach of Contract 2.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

The IPKat

FEBRUARY 13, 2022

DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. But what happens when it comes to e-books and audiobooks, where copyright owners typically license access to the works rather than selling copies?

Blogging 52

Blogging IP Copying Copyright 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 6] Stuart D. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

JULY 31, 2023

Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. Texas is now the 31 st state to adopt a business court system of this kind. Navigating Texas’s new Business Courts will be crucial to companies and practitioners alike.

Business 52

Business Contracts Government Law 52

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

IP and Legal Filings

OCTOBER 31, 2022

The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Contracting Parties are free to choose the means of communication with their offices (including communications in electronic form or by electronic means of transmittal). Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

LexBlog IP

APRIL 13, 2023

What was the regime governing virtual assets in the UAE before the enactment of this new Cabinet Decision? Moreover, in 2022, the emirate of Dubai issued its own comprehensive virtual asset law and established the Dubai Virtual Assets Regulation Authority, to govern activities related to virtual assets in Dubai.

Licensing 40

Licensing Law Government Designs 40

LexBlog IP

FEBRUARY 21, 2022

On the Ethereum blockchain (where most NFTs exist) all NFTs must conform to the ERC721 smart contract standard. This industry-adopted standard is relatively simple: it specifies which specific address holds a specific NFT, which is nothing more than a unique identifier in a given NFT smart contract. What is the (Legal) Bottom Line?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

For example, it is not clear whether any of the members was also a representative of or an advocate for specific types of licensing modes, such as Creative Commons for example. Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. For a full list, see here.

Copyright Law 60

Copyright Law Copyright Law Music 60

43(B)log

AUGUST 5, 2022

4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. LFI allegedly used the “concepts, designs and ideas” from GDI’s samples to launch a new line of products with a larger cosmetics company, Morphe. Insider Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

Kluwer Copyright Blog

DECEMBER 1, 2021

In a 2020 consultation , the government sought to broadly understand the implications of AI for IP. That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. Responses from the earlier call for views have raised the need to improve licensing mechanisms for TDM purposes.

IP 70

IP Inventor Invention Intellectual Property 70

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. This will help avoid potential copyright disputes and licensing issues in the future. Conclusion.

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Copyright Fair Use Registration Ownership 52

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 54

Licensing Contracts Patent Law Law 54

IP and Legal Filings

JUNE 27, 2022

PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. The underlying work can only be assigned or licensed in writing by the right holder or agent authorized by him. INDUSTRIAL DESIGNS.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

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Intellectual Property IP Registration Copyright 117

Copyright Lately

DECEMBER 5, 2021

When a record label or other distributor receives performance royalties from Spotify, it will presumably share a portion with the comedian per the parties’ contract. Performance “Absent a Specific License”. It’s also possible that Spotify’s move was designed to put pressure on Spoken Giants.

Music 83

Music Licensing Copyright Publishing 83

IP and Legal Filings

NOVEMBER 30, 2022

More and more loans are being supported by certain intellectual property assets, such as copyrights, designs, and patents, or revenue streams connected to these assets. The government anticipates that this will promote the sector and make it a significant future driver of Indonesia’s economy by GR 24/2022.

IP 52

IP Intellectual Property Business Government 52