Online contracts, government website edition
43(B)log
AUGUST 25, 2023
FOR ALL USE: The following are general examples of what Media may not be used for or in connection with. The following list is not exhaustive.
Announcing the 2022 Edition of My Internet Law Casebook
Technology & Marketing Law Blog
JULY 12, 2022
I’m pleased to announce the 2022 edition (13th edition) of my Internet Law casebook, Internet Law: Cases & Materials. As usual, I made many hundreds of updates and edits throughout the book. Some things I didn’t include in this edition, despite their seeming importance: hiQ v. a hardcover version for $28.
Editing 
140
140 Join 9,000+
Insiders
Sign Up for our Newsletter
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Trending Sources
Announcing the 2021 Edition of My Internet Law Casebook
Technology & Marketing Law Blog
AUGUST 2, 2021
I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. If I counted editions, this would be the 12th edition. Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. Weis Markets.
Editing 145
145 
Announcing the 2023 Edition of My Internet Law Casebook
Technology & Marketing Law Blog
AUGUST 7, 2023
I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. 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
52 
Empowered to negotiate or obliged to contract? Lessons from the Italian implementation of the press publishers’ right
Kluwer Copyright Blog
APRIL 14, 2022
15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. Introduction.
Publishing 81
81 
Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
Technology & Marketing Law Blog
MAY 13, 2024
sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Editions Ltd. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp.
Blogging 96
96 
DJs are Phonogram Producers, says Dutch Supreme Court
Kluwer Copyright Blog
JANUARY 31, 2022
Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons. Merely bearing the financial risks of record production, marketing and distribution is not enough.
Music 110
110 
What I Did Last “Summer” (2021)
Technology & Marketing Law Blog
SEPTEMBER 22, 2021
So here’s what I’ve done in 2021 since I finished my Fall 2020 teaching obligations: Internet Law: Cases & Materials (12th edition 2021). The Crisis of Online Contracts (as Told in 10 Memes) , March 2021. The post What I Did Last “Summer” (2021) appeared first on Technology & Marketing Law Blog.
Blogging 99
99 
Unroll the Scroll Painting: Inside the Chinese Art Market and Its Regulatory Landscape
LexBlog IP
APRIL 15, 2022
When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.
Art 52
52 
NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II
Kluwer Copyright Blog
JUNE 20, 2023
This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. However, smart contracts merely permit such coded resale royalty commands, they do not ensure their operability.
Artwork 98
98 
Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement
Kluwer Copyright Blog
NOVEMBER 24, 2021
Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).
Contracts 98
98 
My “Summer” 2022 Activities
Technology & Marketing Law Blog
AUGUST 29, 2022
6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). We posted three chapters from the book: Featuring People in Ads (2022 Edition). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Books and Academic Articles.
Editing 89
89 
If TOS Formation Fails, Bad Legal Outcomes Are Likely to Follow–Doe v. Roblox
Technology & Marketing Law Blog
MAY 17, 2022
Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Section 230.
Contracts 124
124 
Former Employee Sues Kilroy’s for Copyright Infringement
Indiana Intellectual Property Law
SEPTEMBER 28, 2022
He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.
Section 230 Applies to Doxxing TikTok Video–Couture v. Noshirvan
Technology & Marketing Law Blog
DECEMBER 2, 2023
He then edits and reposts the video. In the edited video, Noshirvan overlays himself doxing the person depicted in the video—that is, he provides the person’s name, contact information, employer, and other personal information. He edited the video and reposted his version targeting Couture. His niche is cancel culture.
Editing 66
66 
IPSC Closing Plenary Session
43(B)log
AUGUST 4, 2023
Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. Institutional precarity: Declining trust in markets, not in IP law.
NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I
Kluwer Copyright Blog
JUNE 19, 2023
Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale. Valid Transfer of Rights?
CDSM: French transposition on the remuneration of performers
Kluwer Copyright Blog
APRIL 21, 2023
2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.
Contracts 56
56 
What is a DAO (Decentralized Autonomous Organization)?
Traverse Legal Blog
JUNE 2, 2022
Decentralized Autonomous Organizations (DAOs) are becoming popular as the NFT market continues to expand. The Importance of Smart Contracts to DAO Formation & Governance. The DAO’s smart-contract rules are recorded on a blockchain. No one can edit the rules without people noticing, because DAOs are transparent and public.
Contracts 64
64 
[Guest post] What is an NFT? A comment to the EUIPO Guidance on NFTs
The IPKat
JULY 14, 2022
The notes further state that “ the 12th Edition of the Nice Classification will incorporate the term downloadable digital files authenticated by non-fungible tokens in Class 9 ”. The EUIPO also clarifies that “ for the Office, the term non fungible tokens on its own is not acceptable.
Lexmark applies to false endorsement, defeats noncelebrity claim (for now)
43(B)log
AUGUST 12, 2021
30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor Standards Act. law tort and contract claims and one federal claim under the Lanham Act. Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. He sued for D.C.-law
Editing 59
59 
Bill Cornish Memorial Lecture – Author as Revenue Sharer
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.
Contracts 52
52 
Open Source AI – definition and selected legal challenges
Kluwer Copyright Blog
APRIL 15, 2024
EU Digital Market Act and competition laws that force access to certain data, see below). most open source licenses provide a termination in case of breach of contract, which would impact the functioning of the AI model). open code AI”, “open training Data AI”, “open weighting factors AI” etc.).
Licensing 103
103 
Friday Fantasies
The IPKat
FEBRUARY 3, 2023
With the adoption of both the Directive on Copyright and Related Rights in the Digital Single Market (CDSM) and the Digital Services Act (DSA), the European Union has moved away from the notice-and-takedown model for copyright enforcement and content moderation. Click here and here to know more. Click here to know more.
ALLEA Statement on Open Access Publication under “Big Deals” and the New Copyright Rules
Kluwer Copyright Blog
DECEMBER 12, 2022
Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.
Copyright 125
125 
NFT Copyright License Rights: Due Diligence is Critical.
Traverse Legal Blog
APRIL 17, 2021
Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.
Due Diligence 113
113 
A summary look at the Portuguese transposition of the CDSM Directive
Kluwer Copyright Blog
JUNE 27, 2023
Copyright contract safeguards and other additions to the Portuguese Copyright Code Most copyright contract rules required by the CDSM Directive are not innovative in light of the existing Portuguese copyright rules. 14(5), as well as to publishing and translation contracts (Articles 105 and 170). 19 CDSM Directive.
Art 103
103 
Canadian Perspectives on Artist Resale Rights
IPilogue
OCTOBER 7, 2022
In November of 2018, a limited-edition Enchanted Owl print sold for almost ten times that price, totaling at Waddington’s Auctioneers and Appraisals Toronto – breaking the record for the most expensive Canadian artist print ever sold via auction. Not all Canadian galleries oppose ARRs.
Art 105
105 
Recognizing AANHPI Heritage Month: Commerce Department Offers Valuable Resources and Services for Entrepreneurs and Minority and Women-Owned Businesses
U.S. Department of Commerce
MAY 25, 2021
Minority-owned firms seeking to penetrate new markets — domestic & global — and growing in size and scale, can access business experts at a MBDA Business Center. Whether it’s securing capital, competing for a contract, identifying a strategic partner, or becoming export-ready, your success is our priority.
Business 82
82 
Buying an NFT? You are not buying what you think.
Traverse Legal Blog
JANUARY 26, 2022
There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The NFT is a smart contract coded with the NFT. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e. Today, we will be talking about NFT non-fungible token licensing.
Self-driving Culture
Kluwer Copyright Blog
NOVEMBER 25, 2021
They have taken work away from lawyers by writing contracts. Now, last time I checked we live in a market economy. Some say that certain humans will always write books and music and make art and that there will always be a market for masterpieces of human creativity. Intellectual Property Law in China, 2nd edition.
Music 144
144 
WIPIP Concurrent Session #4: Digital Copyright
43(B)log
FEBRUARY 3, 2023
Sure, says the market, but I’ll take a little less quality for a lot less $. Maybe the consumer base will stave this off for music since the market is different/less focused on advertisers. Photographers=demonstrated that they are artists, not the way they made their $, which was through contracts. What we do has value.
Copyright 59
59 
[Guest post] Navigating the high notes: Taylor Swift's copyright dispute
The IPKat
MARCH 22, 2024
To preclude Taylor prematurely re-recording, which would devalue the copyrights assigned to the label, the contract contained a “re-recording restriction” clause, having effect for a certain period of time. After its expiration she was free to produce new recordings from her music and distribute them as she wished.
Moral Rights 70
70 
Cloned-and-Revised Legal Documents Aren’t Copyrightable–UIRC v. William Blair
Technology & Marketing Law Blog
JANUARY 17, 2024
Despite UIRC’s copyright registrations, the court says the UIRC’s edits aren’t copyrightable: UIRC did not independently create most of the language in the documents at issue. The court provides details about UIRC’s minor edits to the Idaho precedent: The only differences (besides formatting) between Section 5.01
Copyright 47
47 
European parliament adopts intellectual property action plan
Kluwer Copyright Blog
NOVEMBER 26, 2021
Intellectual Property Law in China, 2nd edition. by Jan Bernd Nordemann, Christian Czychowski. € by Jan Bernd Nordemann, Christian Czychowski. € by Christopher Heath. €
Second Circuit Rejects an Account Termination Lawsuit…Again (Phew!)–Domen v. Vimeo
Technology & Marketing Law Blog
JULY 22, 2021
The revised opinion also makes minor error corrections and numerous stylistic edits, like someone decided to polish up the draft. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. Vimeo appeared first on Technology & Marketing Law Blog. The Prior Opinion.
European Copyright Society letter to Commissioner Breton on a future agenda in the field of copyright law
Kluwer Copyright Blog
JUNE 1, 2023
The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.
Copyright Law 110
110 
EU copyright law round up – fourth trimester of 2023
Kluwer Copyright Blog
JANUARY 4, 2024
In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. Photo by Markus Spiske on Unsplash Dear readers, Happy new year! Welcome to the fourth (and last) round up of EU copyright law for 2023! The end of the year was busy for both the courts and the policy makers.
Recognizing Hispanic American Heritage Month: Commerce Department Offers Valuable Resources and Services for Hispanic Entrepreneurs and Hispanic -Owned Businesses
U.S. Department of Commerce
OCTOBER 14, 2021
Hispanic and other minority-owned firms seeking to penetrate new markets — domestic & global —can access business experts at a MBDA Business Center where they can seek guidance, information on funding and access other resources.
Business 66
66 
Copyright Office as Pivot Between Copyright Holders and AI-Service Providers
Kluwer Copyright Blog
MAY 15, 2024
The metadata could include a link to a bank account number so that the author/copyright holder could be directly compensated by the AI-service provider via a smart contract. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.
Copyright 56
56 
divided NY court finds incomplete legal compilation wouldn't mislead reasonable consumers
43(B)log
SEPTEMBER 21, 2021
They bought the annual edition of a legal resource manual, New York Landlord-Tenant Law (the Tanbook), which was published by Matthew Bender. The contract specifically didn’t guarantee updates and provided for invoices for any supplements if and when they became available. “It 2021 NY Slip Op 03485, N.E.3d 3d - 37 N.Y.3d 3d 169 (Jun.
Editing 45
45 
The SIAE and Meta tug-of-war: an Italian affair of European relevance
Kluwer Copyright Blog
APRIL 18, 2023
On the one hand, Meta claimed to have proposed a 50% increase in royalties to SIAE compared to those agreed on in the previous contract, and that it had never encountered similar licensing issues in the 150 countries where it has cleared music rights.
Music 98
98 
Piracy App PikaShow’s Insane TV Stunt Reached Millions But Will End Badly
TorrentFreak
NOVEMBER 19, 2022
Through carefully edited soundbites, the celebrities gave shining endorsements of Megaupload, with tens of millions watching the video, mostly on YouTube. PikaShow Markets to the Masses. Arriving just weeks before Megaupload was shut down by the U.S. government, it was an audacious move on a scale unlikely to be seen again.
Advertising 122
122 
Examples of Text and Data Mining Research Using Copyrighted Materials
Kluwer Copyright Blog
MARCH 6, 2023
A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. HathiTrust, 755 F.3d 3d 87 (2d Cir.
Copyright 121
121 
Let's personalize your content