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

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. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. The only question at issue is whether the lawsuit treats Facebook’s refusal as a publisher/speaker action. That is a quintessential publishing decision for which Facebook is “perforce immune.” In our Advertising & Marketing Law casebook, Prof.

Contracts 88

Contracts Marketing Marketing Publishing 88

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 107

Contracts Social Media Blogging Publishing 107

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

Technology & Marketing Law Blog

OCTOBER 8, 2023

Thus, the court reaches what becomes a surprising result in light of the Ninth Circuit precedent elsewhere. * * * Section 230 The plaintiffs alleged that VRBO “lists and markets” the property, placed it into the “stream of commerce,” and communicated the property’s conditions. Grindr , Ynfante v.

Contracts 71

Contracts Publishing Marketing Marketing 71

The IPKat

JULY 18, 2021

Subsequently, the Committee Report on the Economics of Music Streaming has been published, calling for "a complete reset" of music streaming and the need for significant change within the music industry. Some of the key regulatory recommendations are discussed in this post.

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

DECEMBER 7, 2022

The resulting state court lawsuit has reinforced the Prager Effect, producing another published opinion thoroughly rejecting every argument advanced by Prager and expanding services’ legal protections for their moderation decisions. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 135

Contracts Publishing Law Government 135

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

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

Technology & Marketing Law Blog

JULY 22, 2022

Publisher/Speaker Claims. “his claims derive entirely from Twitter’s decision to exclude his content and suspend his account—that is, traditional publishing functions.” This covers the breach of contract claim too. Contract breach. Dorsey appeared first on Technology & Marketing Law Blog.

Contracts 100

Contracts Publishing Blogging Marketing 100

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

IP and Legal Filings

FEBRUARY 9, 2023

Marrakesh Treaty Marrakesh Treaty was adopted on June 27, 2013, to facilitate access to published works for people who are Blind Persons, Visually Impaired Persons, or Print Disabled (hereinafter beneficiary) who refrains from indulging in any printed form of copyrighted work.

Copyright 79

Copyright Contracts Copying Licensing 79

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. Publisher/Speaker Claims. Twitter for this intersection of Section 230 and contract breach claims. & Prof. ICS Provider.

Contracts 107

Contracts Advertising Advertising Publishing 107

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

Technology & Marketing Law Blog

NOVEMBER 15, 2021

The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion. Breach of Contract/Implied Covenant of Good Faith and Fair Dealing. Attempts to resurrect it were unsuccessful. The negligence claims fail for lack of alleged duty.

Contracts 105

Contracts Publishing Blogging Government 105

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. Cite to IC v.

Contracts 123

Contracts Publishing Licensing Editing 123

Technology & Marketing Law Blog

NOVEMBER 9, 2022

” Publisher/speaker claims. Breach of contract exception. “By its terms, Section 230 does not provide any exception for contract claims. And courts routinely hold that Section 230 immunizes platforms from contract claims, where, as here, they seek to impose liability for protected publishing activity.”

Contracts 73

Contracts Publishing Blogging Government 73

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

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Second, I will explain why imposing legal restrictions on the ability of Internet services that gather, organize, and disseminate user-generated content (which I’ll call “UGC publishers”) to terminate accounts or remove content leads to unwanted outcomes. Accordingly, in the US, UGC publishers do not “censor” users. Section 230.

Publishing 94

Publishing Government Contracts Law 94

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. RageOn * CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v.

Artwork 97

Artwork Trademark Publishing Marketing 97

Velocity of Content

MAY 24, 2022

In recent months, for example, Pandora has been sued by comedians (or their estates, in some cases) over licensing issues. In the history of copyright, however, this is not the first time that new media technologies has led to novel disputes about licensing. Two good ones from only 20 years ago come right to mind: New York Times Co.

Music 105

Music Publishing Licensing Copyright 105

Technology & Marketing Law Blog

JULY 18, 2023

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.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

AUGUST 31, 2021

Pub Ocean then published an article titled “A Massive Lake has Just Materialized in the Middle of One of the Hottest Places on Earth”. ” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

The IP Law Blog

MAY 4, 2023

Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. Epic has three primary lines of business: it’s a video game developer, it’s the parent company of the gaming-software developer, and it’s a video game publisher/distributor.

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

JUNE 2, 2022

It’s a creative photo, but it was published. Market Effect. The defense argued that a requirement to obtain copyright licenses conflicts with the norms in the tattoo artist community. Also, see Q2 of my 2005 contracts law exam and the sample answer. Kat Von D appeared first on Technology & Marketing Law Blog.

Copyright 142

Copyright Social Media Fair Use Licensing 142

IP and Legal Filings

JULY 21, 2022

These are the works for which the education sector is the only effective market and copying such work will make them uneconomic for the copyright owner. The course packs provided by the coaching centers get copyright protection which is merely the compilation by insubstantial copying of different published works. Way Forward.

Copyright 88

Copyright Licensing Higher Education Copying 88

Technology & Marketing Law Blog

JULY 20, 2023

Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon didn’t deceive consumers because its contract reserved the rights it exercised: the CPA claim is based on Amazon’s decisions to remove reviews and revoke review privileges.

Contracts 59

Contracts Social Media Publishing Blogging 59

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. Copyright in Tattoos.

Blogging 133

Blogging Fair Use Copyright Infringement Copyright 133

Technology & Marketing Law Blog

MARCH 24, 2022

” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. ” Daystar sued Vimeo in NY state court for breach of contract and unjust enrichment. .” Contract Breach Claim. The appellate court affirms.

Contracts 123

Contracts Television Blogging Publishing 123

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 76

Privacy Law Intellectual Property Music 76

The IPKat

JANUARY 18, 2022

Already in June 2021, the Bundekartellamt had initiated proceedings against Google following a complaint by Corint Media concerning Google’s licensing and presentation practices i.a. Prior to the launch of the services, Google entered into licensing agreements with a range of German publishers. in the News Showcase service.

Publishing 52

Publishing Marketing Marketing Advertising 52

Kluwer Copyright Blog

JANUARY 4, 2024

Google, Meta, and TikTok, based in Ireland, argued that the law contradicts Article 3 of the e-Commerce Directive , the so-called internal market clause, according to which Member States may not restrict the freedom to provide information society services from another Member State. billion in 2022, growing 26.7%

Copyright Law 73

Copyright Law Law Copyright Reporting 73

Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? However, the fact the publishers didn’t ask at all could be a defect in their rights clearance process.

Copyright 125

Copyright Fair Use Licensing Ownership 125

Technology & Marketing Law Blog

MARCH 29, 2022

In addition, “Defendants are immune from Plaintiff’s claims related to their restriction of her access to Forge of Empires in an effort to prevent her from publishing ‘obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable” content.’ ” Breach of Contract.

Contracts 112

Contracts Advertising Advertising Confidentiality 112

43(B)log

OCTOBER 10, 2023

DealMaker noted that Issuance’s own terms include a provision that allows Issuance to license its data. DealMaker noted that Issuance’s own terms include a provision that allows Issuance to license its data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Technology & Marketing Law Blog

AUGUST 19, 2023

Facebook appeared first on Technology & Marketing Law Blog. ” A unanimous per curiam memo disposition means the plaintiffs weren’t even close. You might expect a better showing from a lawyer-plaintiff. Facebook, Inc. 2023 WL 5318464 (9th Cir.

Blogging 85

Blogging Publishing Marketing Marketing 85