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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. He was trying to do the opposite.

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Technology & Marketing Law Blog

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

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If You Ask Your Friend to Take Your Photo Using Your Camera, Who Owns the Copyright?–Shah v. NYP

Technology & Marketing Law Blog

Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. Still, its implications are wide-ranging. This case covers similar ground as the uncited Hubay v.

Copyright 125
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Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

use of indigenous content, model contracts and/or national laws on limitations and exceptions). Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. Promote the interoperability of different licensing models. version with further considerations (e.g.,

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Copyright Evidence: 21 for 2021 (a year in review)

Kluwer Copyright Blog

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions.

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. Diebold from 2004, which led to a $125k damages award.