Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Blogging Contracts Cease and Desist Social Media 95

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

Copyright 124

Copyright Art Copyright Law Licensing 124

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). Only one witness is quoted as having argued that such uses should be licensed by collective societies.

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Copyright Government Copyright Law Reporting 70

The IPKat

APRIL 8, 2023

The IPKat has received and is happy to host this guest contribution by Deborah De Angelis (Studio Legale DDA) on the highly publicized halted licensing negotiations between Italian collecting society SIAE and Meta regarding the availability of the music repertoire administered by the former on the latter’s services. 17 (4), a).

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Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

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Copyright Public Domain Marketing Marketing 52

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Second, although mere facts and data as such are not protected by copyright, their extraction from protected subject matter (works, non-original databases, etc.) Scenario (1): Public Domain.

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SpicyIP

MARCH 15, 2022

This blog examines how press publishers have claimed rights over their content on digital media platforms like Facebook, Google News, which give a preview of two-three lines along with a hyperlink to the press publication. Many academics have stated that IP is not the correct tool to achieve the redistribution of market share.

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Copyright Lately

APRIL 3, 2023

The theory behind CDL is that by maintaining a consistent “owned-to-loaned” ratio between physical books and digital copies, libraries can meet the needs of twenty-first-century patrons without violating existing copyright law. million additional books protected by valid copyrights. At least, that’s the theory.

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The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. International license.

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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. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Blogging Contracts Copyright Law Copyright 91

Kluwer Copyright Blog

NOVEMBER 20, 2022

We have an artwork, displayed in a museum and which is in the public domain. However, no fees shall be paid for certain specific uses, such as in the case of personal use, use for study purposes or public entities’ use with the aim of enhancing the assets themselves. This is exactly the case here. Second, Art.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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Blogging Copyright Contracts Cease and Desist 79

Kluwer Copyright Blog

MAY 17, 2023

the possibility to request remuneration or to subordinate the operation of the exception to the absence of adequate licenses), differences emerge again – this time tackled, however, by the introduction of the country-of-origin principle. Public domain. However, every time a detail is left to the discretion of Member States (e.g.

Reporting 52

Reporting Copyright Public Domain Copying 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

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Copyright Blogging Publishing Fair Use 119

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.”

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Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. Even better, it’s in the public domain.

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Music Derivative Work Fair Use Cease and Desist 104

The IPKat

MARCH 7, 2022

[T]here is a compelling reason why the name or title of a book cannot be a trademark, which stems from copyright law. Unlike a copyright that has a limited term, a trademark can endure for as long as the trademark is used. Unported license. West Side Story" is not "Romeo and Juliet in New York"; it is "West Side Story".

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Copyright Trademark IP Public Domain 96

Kluwer Copyright Blog

MARCH 14, 2022

On behalf of the University of Nottingham Commercial Law Centre (UNCLC) , we submitted a response to the consultation that addressed the three areas of potential legislative change. On the surface, the existing regime appears to be offering an easy, straightforward copyright solution.

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IP Public Domain Copyright Intellectual Property 60

Kluwer Copyright Blog

MARCH 8, 2023

4996/2022 in November 2022 ( ΦΕΚ Α´ 2022/24.11.2022 ), which amended the basic Greek Copyright Law ( L. 2121/1993 on “Copyright, Related Rights and Cultural Matters” ), as well as L. 4481/2017, on “Collective Management of Copyright and Related Rights” ( ΦΕΚ Α’ 100/20.7.2017 ). 15 of the CDSMD. More specifically, Art.

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

Before using someone else’s creation, consider how your actions will affect its market worth. Always exercise caution and, if in doubt, seek legal advice on copyright regulations. Public domain resources as a starting point. There are several places where you can find public domain content that is free to use.

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LexBlog IP

JANUARY 16, 2024

It seems that one of the intended purposes of the obligation to disclose training data is to enable better enforcement, through an ex-post tool, of the above-mentioned opt-out mechanism under Article 4 of the Copyright Directive. In any event, it remains to be seen what requirements will be included in the final EU AI Act. 4(1) and 4(3).

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IP Copyright Art Related Rights 52

Kluwer Copyright Blog

JUNE 1, 2022

On the one hand, the CJEU refused to dismantle the doubtful edifice of licensing and filtering obligations in Article 17(1), (2) and (4) DSMD. The decision has already been discussed by a number of commentators. For instance, see the posts by João Pedro Quintais , Eleonora Rosati and Christophe Geiger and Natasha Mangal.

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LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Kluwer Copyright Blog

APRIL 20, 2022

Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. 79, the BBS case ).

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Copyright Intellectual Property Law Public Domain Copyright Law 56

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. Re-Examining The Copyright Ownership Of Player Created Content, GNLU L.

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Copyright Ownership Publishing Copyright Infringement 74

Kluwer Copyright Blog

MARCH 29, 2022

By now, Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive) needs no wordy introductions. Put briefly, the provision requires Member States to introduce a related (or neighbouring) right for press publishers, applicable to online uses of their publications.

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Publishing Related Rights Intellectual Property Law Public Domain 52

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

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The IPKat

JUNE 26, 2022

In case you have missed it, the recording is now available on YouTube.

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IP and Legal Filings

NOVEMBER 18, 2021

On the other hand, fungible assets such as most cryptocurrencies are interchangeable with other cryptocurrencies since each unit will have the same market value and no unique or distinguishable value. Copyright law in India is governed by the Copyright Act, 1957.

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Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. Condé Nast paid $400 for the license, which specified “No other usage right granted.” Figure 1, Slip op.

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43(B)log

DECEMBER 20, 2022

I]t is a fact in the public domain that the 12 O’Clock Boyz are from Baltimore and ride in these specific locations,” as was “the presence of dirt-bike riders in the neighborhoods where they ride in real life” and “a scene of them riding in a group, as they do regularly.” The similarities in setting, theme, etc.

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Fair Use Trademark Copyright Editing 52

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain.

IP 98

IP Intellectual Property Social Media Cease and Desist 98