Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” Gutman appeared first on Technology & Marketing Law Blog. I’d love to see an accounting of the time and money the parties have spent on this litigation. Christou v.

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Social Media Ownership Designs Design 78

Technology & Marketing Law Blog

NOVEMBER 15, 2022

In 2021, Jess Miers and I published an article in the Journal of Free Speech Law (run by the UCLA Law School) entitled “ Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules.” Online Account Terminations and Content Removals in the US. The article analyzed all of the U.S. Section 230.

Publishing 93

Publishing Government Contracts Law 93

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had.

Social Media 79

Social Media Contracts Ownership Business 79

Technology & Marketing Law Blog

JUNE 22, 2023

California’s latest entry into this Internet death-spiral is the California Journalism Protection Act (CJPA, AB 886). The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models?

Journalism 88

Journalism Social Media Publishing Government 88

The IPKat

JUNE 26, 2022

The application should indicate whether the contribution has already been published or is a work in progress and whether the author(s) is(are) available to join the conference in person or online. Preference will be given to applicants willing to make in-person presentations. Successful applicants will be notified by the end of July.

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Intellectual Property IP Registration Copyright 117

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.

Publishing 130

Publishing Contracts Art Copyright 130

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. 2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Museu do Azulejo by G.P. 19 CDSM Directive. º-B and 74.º-D

Art 103

Art Contracts Publishing Licensing 103

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

Contracts Copyright Law Cease and Desist 98

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. To identify the most representative Scientific Publishers, we relied on a recent study that mapped “the 100 largest scientific publishers by journal count”. There also seems to be a lack of clarity about which uses are allowed under the licenses.

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Publishing Art Licensing Copying 98

Kluwer Copyright Blog

DECEMBER 12, 2022

ALLEA, therefore, welcomes recent studies showing that OA publication in scientific journals is on the rise. [2] While the downstream costs of journal subscriptions are gradually falling, the upstream costs of publication, made up of the APCs, have risen sharply.

Copyright 126

Copyright Publishing Journalism Art 126

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context.

Law 116

Law Licensing Publishing Intellectual Property 116

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. Speeding literature review One of the most common uses of TDM is to help scholars find, read, and analyze information in academic journals and other sources. 3 and 4) and in Singapore’s new Copyright Act (Art.

Copyright 122

Copyright Social Media Publishing Licensing 122

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. Call for Submissions: The IP Press Law Review Vol. 14 July, 2021].

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Patently-O

FEBRUARY 22, 2023

For instance, the International Trade Commission already requires some disclosure of complainants that seek its exclusive jurisdiction over nationwide injunctions, both as to NPE status and to licensing and industry activity to establish the statutory domestic industry requirement. 17] At least, that’s as far as can be pieced together.

Litigation 124

Litigation Reporting Settlement Government 124

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.

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Copyright Law Copyright Law Art 111

Kluwer Copyright Blog

FEBRUARY 28, 2022

At the core of the Act is a licensing obligation (Sec. In order that service providers covered by the UrhDaG can absolve themselves of their liability under copyright law, it is necessary that they comply with certain licensing and blocking obligations (in more depth on this point Waiblinger/Pukas , MRD 2021, 1489 marg. 18 et seqq.).

Art 56

Art Copyright Law Copyright Law 56

LexBlog IP

JANUARY 22, 2022

Advertisement: This stage involves the publication of the application in a Trademark Journal. After the Journal is released by the trademark registry, interested parties have a period of 2 months within which to signify interest to oppose the registration of the mark by filing a notice of opposition. We respond in the affirmative.

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Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

Advertisement: This stage involves the publication of the application in a Trademark Journal. After the Journal is released by the trademark registry, interested parties have a period of 2 months within which to signify interest to oppose the registration of the mark by filing a notice of opposition. We respond in the affirmative.

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Trademark Registration Branding Brands 52

43(B)log

JUNE 30, 2023

Netflix isn’t covered by the DSA at all—licensed content provided by the producer. And requiring licensing from YT providers, including individual users, blurs this further. We won’t see the contracts b/t platforms and other entities, which is an issue, bypassing regulatory control. Podcasts=interesting case. [If

Law 40

Law Licensing Reporting Litigation 40

LexBlog IP

SEPTEMBER 7, 2022

Prime Sports Marketing LLC et al., District Court of North Carolina has ruled in his favor, holding that the concept of marketing Zion as the next Lebron James did not qualify as a trade secret. In a high profile case brought by NBA star Zion Williamson against his former agent, Williamson v. And Mintz’s Evan M. Piercey, Tinny T.

Blogging 52

Blogging Reporting Law Litigation 52

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. copyright-protected materials as data), personal data, contract-based data, etc. English language text from journal articles; social media posts in X language; etc.)

Social Media 52

Social Media Law Journalism Copyright 52

Technology & Marketing Law Blog

JANUARY 28, 2022

The agreement also granted a license to JLM in Gutman’s name (“Hayley, Paige, Hayley Paige Gutman, Hayley Gutman, Hayley Page, or any derivative thereof”). At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship.

Social Media 89

Social Media Ownership Contracts Privacy 89

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery.

Copyright 118

Copyright Blogging Publishing Fair Use 118

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. JCPA (Journalism Competition and Preservation Act). It also puts users’ privacy and security (including minors’!) at greater risk.

Law 112

Law Social Media Government Privacy 112