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Whither a Signal-Based Broadcast Treaty?

Kluwer Copyright Blog

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. No amendment offered in public session. No amendment offered in public session. But the present draft clearly reaches such content. [2]

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

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. Valid Transfer of Rights?

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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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IPSC Closing Plenary Session

43(B)log

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. public interest opposed in those cases and in Kirtsaeng. Individual interest v.

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CAFC Upholds TTAB: TEEN TINKER BELL Confusable With Disney's TINKER BELL for Dolls

The TTABlog

Barrie's Peter Pan , first staged in 1904, and so the parties were in agreement that under copyright law, both the name and the character are in the public domain. Likewise, the contraction of TINKER BELL to TINK did not effect a material change, since "Tink" has been "commonly used as a nickname for Tinker Bell in Barrie's works."

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The unbearable lightness of trade secrets and public tenders

The IPKat

Not for the first time in connection with a public procurement tender, an unsuccessful bidder then files with the contracting authority a request for examination of the documentation submitted by the successful bidder, this to evaluate the propriety of the award process, with an eye towards possibly challenging it through legal proceedings.