Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Paxton, amicus brief in support of emergency application for administrative relief to the US Supreme Court, May 2022. Regulation of Political Advertising (2022 Edition).

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JIPEL Copyright Blog

MARCH 9, 2022

prevent intentional modification of their work and attribution to the modified work) claims by claiming fair use under § 107 of the Copyright Act of 1976, which permits fair use of a protected work for purposes such as criticism, comment, teaching, scholarship, or research.

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43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. Consent: we’re transferring our rights all the time by contract. Her conclusion: no.

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IP Tech Blog

MARCH 18, 2022

NFTs also may embody or use trademarks. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

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43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona.

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43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. Many uses are noninfringing but not subject of direct case law.

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LexBlog IP

MARCH 18, 2022

NFTs also may embody or use trademarks. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

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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. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

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IP Tech Blog

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Statistics have long been used to evaluate player performance and support contract negotiations. Data Protection and Privacy AI poses important privacy and security risks.

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Velocity of Content

JANUARY 31, 2023

Also sued were a confusing mishmash of for profit and non-profit related entities all using a variation of the name OpenAI (OpenAI, Inc., While the plaintiffs’ attorney indicated that an infringement claim might be added later , I suspect that this was done to avoid a messy fair use dispute. you get the picture).

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LexBlog IP

DECEMBER 12, 2023

As more teams and organizations employ the use of AI, counsel should be aware of the ways their clients can and do leverage AI. Statistics have long been used to evaluate player performance and support contract negotiations. Data Protection and Privacy AI poses important privacy and security risks.

Privacy 52

Privacy Inventor Technology Intellectual Property 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. This requires institutional reform and a paradigm shift.

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43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

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Technology & Marketing Law Blog

AUGUST 7, 2023

Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I welcome your suggestions. * * * Over the years, I’ve posted a number of book excerpts, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

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43(B)log

FEBRUARY 22, 2021

Persuade courts to keep larger whole in view when interpreting and applying these doctrines; reform doctrines that have been interpreted too narrowly like experimental use in patent. There are other policy concerns about research such as privacy, human subjects rules. using data to do what?

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43(B)log

FEBRUARY 24, 2023

Jake Linford: First Amendment Lochnerism—used as a deregulatory move can happen on a number of different fronts. Contract law: recently, Adidas decided Ye was too toxic to work with and cancelled deal. Are we seeing claims adjoined to TM that suggest related problems, the way we’re now seeing © and privacy claims brought together?

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43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. voluntariness seems like a problem here] Doing this without privity means that even if it could all be done w/contract, 1201 goes beyond what contract could have done. Cablevision. Repair: ???

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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.

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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. .” In one notable case, Balsley v.

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Technology & Marketing Law Blog

JANUARY 27, 2022

Apple positions itself as more privacy-supportive than the other tech giants, but then it committed an unforgiveable privacy faux pas by unveiling plans to proactively scan client-side files for illegal CSAM. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Emerging Tech.

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Technology & Marketing Law Blog

JANUARY 24, 2023

It also puts users’ privacy and security (including minors’!) Moody, amicus brief in support of the petition for certiorari , November 2022 Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, California Privacy Protection Agency, August 2022 NetChoice LLC v.

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