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

Technology & Marketing Law Blog

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.

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

Technology & Marketing Law Blog

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
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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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Best practices to avoid copyright infringement

Biswajit Sarkar Copyright Blog

Additionally, they have the final say in how their work is published, broadcast, streamed, adapted, and exhibited. Exclusive rights may inspire producers to produce more works to share with the public. Because their effort might be beneficial for the improvement of their life, the general public may also profit from it.

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Urgent requests for declaration of non infringement (DNI)? Frequently DeNIed…

The IPKat

According to the application for interim measures, the IPZS urgently needed to award the contract, but it had reason to fear that a company, Centro Grafico DG s.p.a. In the pictures above, "Bedtime" by Louis Wain ( 1860-1939 ), in public domain and Aaron Pa reck i, " Spy30 Scavenger Hunt " from Fl ic kr, CC 2.0 license.