TorrentFreak

APRIL 23, 2024

Among other things, IA argued that its lending activity causes no financial harm is substantially different from the ebook licensing market. They also preserve books for future generations and ensure that readers can enjoy books without giving up their privacy.

Copyright 114

Copyright Fair Use Copying Publishing 114

Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

The IPKat

DECEMBER 10, 2023

Image: flickr.com Katfood SMEs and Chinese market opportunities webinar 4IP council is organising a webinar session titled "SMEs and patent holdouts: how European SMEs fight back", dedicated to European SMEs and startups interested in the opportunity that the Chinese market can bring to their businesses.

Intellectual Property 67

Intellectual Property IP Registration Privacy 67

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

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 ). The training process can involve reproductions of the training data…. .…

Copyright 69

Copyright Government Copyright Law Reporting 69

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. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IP and Legal Filings

NOVEMBER 23, 2023

[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

Olartemoure Blog

AUGUST 5, 2022

08/04/22 – Data Privacy. In addition, the new regulation establishes guidelines for payment initiation activities, further clarifies the rules for marketing financial services through electronic platforms and reiterates measures to protect consumers and ensures proper operation of the system. Source in Spanish.

Intellectual Property 98

Intellectual Property Marketing Marketing Art 98

TorrentFreak

MAY 29, 2023

million copyright infringement damages award in hand, and suddenly cooperative defendants helping to unveil others involved in the circumvention of Bungie’s technological protection measures. By June 2022, Bungie had a $13.5

Copyright 128

Copyright Privacy Settlement Copyright Infringement 128

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). 110-111). 4th 1149 (9th Cir.

Fair Use 136

Fair Use Privacy Copyright Technology 136

Kluwer Copyright Blog

MAY 1, 2024

Article 2(7) introduces a material reciprocity test, limiting copyright protection for works of applied art not protected in their country of origin. The Dutch Supreme Court seeks clarity on whether EU law mandates copyright limitation through reciprocity, especially concerning non-EU right holders.

Copyright 66

Copyright Art Designs Design 66

Technology & Marketing Law Blog

NOVEMBER 27, 2023

This law protects the rights of publicity and privacy of people like politicians and celebrities who don’t want others to register their name or image as a trademark for goods or services. See the amicus brief discussing free speech limits on the rights of publicity and privacy filed by the Motion Picture Association in Elster.)

Registration 74

Registration Trademark Blogging Law 74

The IPKat

NOVEMBER 1, 2022

Gaon also considers no-authorship possibilities as alternative rights models, such as ‘author in law’ and AI moral rights. This section also includes arguments around possible amendments to copyright law, both on a practical and theoretical level, for example, through copyright exceptions or adjustments to standards of originality.

Copyright 98

Copyright Moral Rights IP Privacy 98

Kluwer Copyright Blog

MAY 15, 2024

copyright law. Copyright Office and the explosion of litigation (see here ) in the U.S., Copyright Law’s reluctance to accept the eligibility for copyright of the award-winning “Théâtre D’opéra Spatial” (see here ), seems partly motivated by the impossibility for the U.S.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

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.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

TorrentFreak

NOVEMBER 13, 2022

For owners of devices set for the market or even sitting at home, Anatel has just issued a reminder that illegal set-top boxes are punishable with a fine. In addition, irregular devices can pose a risk to children and adolescents, with access to inappropriate content, and also a danger to the privacy of user data,” Anatel reports.

Cinema 89

Cinema Television Reporting Privacy 89

The IPKat

NOVEMBER 22, 2023

The panel emphasized that copyright laws inherently strike this balance and should be upheld in the context of AI development. The principle of copyright is the same, but the context is slightly different. Mr Conway emphasized the importance of copyright in the context of AI model development.

Intellectual Property 96

Intellectual Property Copyright Fair Use Government 96

Technology & Marketing Law Blog

JULY 9, 2021

A notice-and-takedown scheme would also face potentially significant Constitutional concerns (the anti-IMDb law isn’t perfectly analogous, but it’s representative of the problems) and, if the laws were implemented at the state law, Section 230 preemption as well.

Blogging 99

Blogging Privacy Publishing Law 99

Technology & Marketing Law Blog

JULY 19, 2021

This is a defense lawyer bonanza in terms of briefing opportunities in privacy and other cases. This opinion is more understandable than the Spokeo ruling, but I’m still confused about what this opinion does to privacy litigation (and maybe other areas of the law). The court relied primarily on Clapper , not Spokeo.

Privacy 131

Privacy Reporting Copyright Business 131

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

TorrentFreak

FEBRUARY 15, 2022

They also want Congress to step up funding for criminal enforcement in copyright cases. With around 90% of the search market, Google is regularly criticized by rightsholders for allowing infringing content to appear in its search results. Whois Privacy Corp., Congress and Google Must Do More. and NameCheap, Inc.,

Social Media 103

Social Media Publishing Copyright Law Copyright 103

Barry Sookman

DECEMBER 19, 2021

Canadian courts confirm significant limits on privacy class actions [link] 2021-12-13. Ireland European Union (Copyright and Related Rights in the Digital Single Market) Regulations SI No. Computer and Internet Weekly Updates for 2021-12-11 [link] 2021-12-12. Twitter, Inc. link] 2021-12-13. 567/2021 [link] 2021-12-13.

Privacy 57

Privacy Related Rights Copyright Marketing 57

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. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Barry Sookman

MAY 30, 2021

Minding the FLoCs: Google’s Marketing Moves, AI, Privacy and the Data Commons – Centre for International Governance… [link] 2021-05-25. What Can Canadian Law Makers Draw from the New UK Online Safety Bill? Computer and Internet Weekly Updates for 2021-05-22 [link] 2021-05-23.

Privacy 40

Privacy Government Marketing Marketing 40

SpicyIP

OCTOBER 27, 2023

False urgency is a marketing tactic that creates a false sense of scarcity to pressure consumers into making a purchase, often resulting in dark patterns, limited stock, and unexpected delivery. Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IPKat

SEPTEMBER 3, 2022

Bowrey argues that the rise in availability and popularity of crime, mystery and detective stories was sponsored by changes to copyright commercialisation practices, which facilitated the full potential of modern copyright law to be exploited internationally. Chapter 6, ‘Why does a gramophone maker deserve a copyright?

Copyright 95

Copyright Music Intellectual Property Marketing 95

IP and Legal Filings

OCTOBER 28, 2022

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. privacy policy; and. Copyright: NFTs are closely related to artworks that are the subject to copyright and related rights protection. Image source: iStock]. data retention.

Non-Fungible Tokens 86

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IP Intelligence

JUNE 7, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” This is not the “potential” market of fourth fair use factor jurisprudence. at 1289 (Gorsuch, concurring) (emphasis added).

Fair Use 105

Fair Use Licensing Music Art 105

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. Deterrent to Infringement – A copyright registration could act as a deterrent against potential infringement.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. ” Professor Smith considers silencing to be a form of “copyright weaponization,” which, despite its somewhat loaded name, simply refers to the use of copyright law to vindicate non-copyright interests.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

Barry Sookman

MAY 3, 2020

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v. It seems that it can! link] 2020-04-30 How the Coronavirus Could Turn the U.S.

Privacy 52

Privacy Cease and Desist Technology Copyright 52

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.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

Blogging 63

Blogging Law IP Copyright 63

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Intepat

MAY 16, 2023

Further, the Copyright Act, 1957 governs copyright law in India and provides protection for literary, artistic, musical, and other creative works. The aggrieved person may file a defamation suit if the usage has attracted any damage to the reputation of the concerned person under civil law and criminal law as well.

Branding 98

Branding Brands Branding Personality Rights 98

Kluwer Copyright Blog

MAY 22, 2023

Among many other things, such as security, social morality, unfair competition, data accuracy and privacy, the draft Regulation turns to two specific copyright aspects that are addressed in Article 7, namely providers’ liability for IP violations, and access to copyright-protected materials for data training.

Licensing 98

Licensing IP Copyright Reporting 98