LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 52

Marketing Marketing Contracts Branding 52

Traverse Legal Blog

APRIL 6, 2022

” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. Did the initial NFT buyers even know their NFT license was subject to an upstream license that might expire?

Licensing 98

Licensing Trademark Contracts Branding 98

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. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.”

Contracts 110

Contracts Designs Design Law 110

LexBlog IP

SEPTEMBER 7, 2023

a former University of Florida Gator and current Chicago Bear, filed a lawsuit aimed at invalidating an NIL contract that he signed during his junior year at the University of Florida. ” The initial term commenced upon contract signing and concluded with Dexter’s ineligibility under NCAA rules.

Contracts 52

Contracts Law Business Licensing 52

Technology & Marketing Law Blog

JULY 16, 2021

Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Reminder: courts sometimes demand that consumers click twice to form a contract. On the contrary, they seem easily separable. 2021 WL 2435307 (N.D. June 15, 2021). Employment.

Advertising 107

Advertising Advertising Contracts Social Media 107

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 74

Contracts Privacy Registration Government 74

Kashishipr

FEBRUARY 16, 2022

Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. Understanding the IP License. Creating the IP Licensing Agreement.

Licensing 98

Licensing Business IP Ownership 98

IPilogue

NOVEMBER 18, 2022

A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks. The dissolution of this contract will rely on the termination clauses that stipulate the division of IP between the parties or whether any “moral” clauses allow early termination of the contract.

Business 131

Business Contracts Branding Brands 131

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve This case involves Walmart gift cards.

Contracts 112

Contracts Litigation Blogging Law 112

LexBlog IP

NOVEMBER 7, 2022

On October 25, 2022, JSR Life Sciences and Blau Farmaceutica announced that Similis Bio, JSR Life Sciences’s business unit focused on biosimilar development, has signed its first development and license agreement with Blau Farmaceutica, a Brazilian pharmaceutical company. and to partner with local organizations in other regions.

Licensing 52

Licensing Intellectual Property Contracts Marketing 52

Art Law Journal

NOVEMBER 1, 2021

What questions should you be asking in contract negotiation, and what provisions should you be reviewing? Not every item must be in the contract, but it will be too late to add anything to make the loss as comprehensive as possible once you sign. Is the contract for my whole series or just specific pieces? Making Your Checklist.

Contracts 52

Contracts Art Artwork Law 52

JD Supra Law

DECEMBER 11, 2023

Informed by our team’s talent-side and tech-side experiences, we’ll navigate: - Likeness License Toolkit: What platforms and talent need for a successful partnership, from IP rights and content details to concerns like permissions and existing contracts. By: Greenberg Glusker LLP

Contracts 68

Contracts Licensing Marketing Marketing 68

Velocity of Content

OCTOBER 4, 2021

The rapidly expanding market has attracted some of the world’s biggest celebrities – from Will Ferrell to Michelle Obama to Malcolm Gladwell, Chelsea Handler and Shonda Rhimes. In May 2020, Spotify agreed to an exclusive $100 million deal with Joe Rogan, the biggest licensing agreement ever made in podcasting.

Licensing 52

Licensing Intellectual Property Law Television Intellectual Property 52

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it.

Licensing 84

Licensing Copying Blogging Copyright 84

Plagiarism Today

SEPTEMBER 22, 2022

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Settlement 186

Settlement Copyright Infringement Contracts Plagiarism 186

Technology & Marketing Law Blog

MARCH 30, 2024

He sued YouTube claiming that the content removals breached YouTube’s contract. Accordingly, there is no right to prior notice before removal of content and no requirement of cause before removal under Plaintiff’s contract with YouTube. YouTube appeared first on Technology & Marketing Law Blog. YouTube, Inc.,

Contracts 82

Contracts Blogging Marketing Marketing 82

Traverse Legal Blog

MARCH 25, 2022

In this video, Blockchain attorney Enrico Schaefer identifies key legal issues every brand, marketing agency, or project point person needs to be thinking about before launching an NFT project for a company. Major brands and their marketing agencies understand that NFTs offer new and innovative marketing and Public Relations opportunities.

Branding 126

Branding Brands Branding Contracts 126

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights. We also recommend that issuers ensure that there is a valid contract by requiring some form of affirmative acceptance by the purchasers.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 69

Contracts Licensing Business Blogging 69

The IPKat

NOVEMBER 6, 2023

Background The plaintiff is a professional photographer, who markets his photographs exclusively and very successfully through microstock portals. Up to March 2021, his photographs have been licensed more than 800,000 times. In order to reach as many potential customers as possible, the licensing terms must be attractive.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26 In Bardales v.

Contracts 136

Contracts Blogging Technology Law 136

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 85

Litigation Contracts Advertising Advertising 85

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.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Technology & Marketing Law Blog

AUGUST 31, 2023

. “all his claims relate to the suspension of his account and the alleged failure to suspend the third-party user’s account, whether they are styled as breach of contract, tort, or fraud claims…All of Plaintiff’s claims seek to treat Twitter as a publisher.” Contract Breach. ” Cite to King v.

Contracts 106

Contracts Social Media Blogging Publishing 106

Kluwer Copyright Blog

APRIL 15, 2024

3) What is the effect of open source licenses on the AI model that uses only some open source components? (4) There are many AI models that claim to be open source – just as there are multiple forms of open source licenses , from permissive licenses (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 56

Licensing Social Media Contracts Privacy 56

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging 86

Blogging Contracts Law Advertising 86

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. In our Advertising & Marketing Law casebook, Prof. Meta appeared first on Technology & Marketing Law Blog. (The Wikipedia entry gives some clues about why the movie may not have performed as well as the producers hoped). Google ruling from 2007.

Contracts 87

Contracts Marketing Marketing Publishing 87

Technology & Marketing Law Blog

DECEMBER 13, 2023

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.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). 7(1) and art. 17(7) CDSM Directive.

Copyright 122

Copyright Art Licensing Contracts 122

Technology & Marketing Law Blog

AUGUST 24, 2023

And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. Now, the primary vehicle to stop web scraping is with breach of contract claims. It’s user-generated content. In the end, it was a pyrrhic victory.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

Velocity of Content

JUNE 20, 2022

But there is great excitement in the billion-dollar market for these digital images, which were launched in April 2021 and count singers Justin Bieber and Madonna among their celebrity owners. Fred Simian –the deal included licensing rights, and Green created a television show to feature Fred. “The

Copyright 52

Copyright Contracts Television Licensing 52

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. A settled “patent troll” lawsuit is typically not the end of the world and is very common for any company in the middle market or larger.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130