Technology & Marketing Law Blog

MAY 17, 2024

But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §

Blogging 123

Blogging Contracts Fair Use Copyright Law 123

Intepat

JANUARY 25, 2024

A key player in this arena is Digital Rights Management (DRM), a technological solution designed to prevent unauthorized redistribution of digital media and uphold the copyright policies of streaming platforms. It also explores forensic watermarking, an essential component of DRM, crucial for identifying and curbing copyright violations.

Technology 52

Technology Copyright Fair Use Intellectual Property 52

IP and Legal Filings

MAY 3, 2024

Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

Fair Use 89

Fair Use Copyright Privacy Copying 89

TorrentFreak

OCTOBER 28, 2021

Section 1201 of the DMCA prohibits the circumvention of copyright controls without permission. These provisions are renewed every three years after the Copyright Office hears various arguments from stakeholders and the general public. Copyright Holders Fear Widespread Piracy. Jailbeaking Video Streaming Devces.

Copyright 144

Copyright Television Fair Use Privacy 144

Kluwer Copyright Blog

OCTOBER 3, 2023

3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”). District Court for the Northern District of California, No.

Fair Use 136

Fair Use Privacy Copyright Technology 136

Plagiarism Today

DECEMBER 6, 2022

Reddit, like any other large site that hosts content uploaded by users, received a massive number of Digital Millennium Copyright Act (DMCA) notices. . While that rate is typical among hosts of its type, that still leaves some 173,280 pieces of content that were reported as copyright infringing but were not removed. Copyright Reasons.

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Fair Use Reporting Copyright Copyright Notice 176

IPilogue

OCTOBER 1, 2022

Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. for copyright infringement under the Copyright Act of 1976. for copyright infringement under the Copyright Act of 1976.

Copyright Infringement 130

Copyright Infringement Fair Use Art Copyright 130

TorrentFreak

FEBRUARY 23, 2022

For the purpose of this report, however, we’ll home in on the copyright issues faced by Reddit during the last year and how the site responded to them. Copyright Removals. “In 2021, Reddit received 177,450 copyright notices reporting 920,672 pieces of content. Invalid Copyright Notices Are Rejected.

Copyright Infringement 107

Copyright Infringement Copyright Copyright Notice Reporting 107

Patently-O

JULY 19, 2023

Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. Those rights were fairly quickly established as exclusively federal, meaning that there is effectively no patents or copyrights offered by individual states. How should we balance free speech, parody, and fair use concerns?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

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. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

Fair Use 105

Fair Use Licensing Music Art 105

Technology & Marketing Law Blog

OCTOBER 26, 2021

In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). After sending a takedown notice, the copyright owner can apply for an unmasking subpoena, which the clerk of the court must issue without any discretion or review by a judge. The bloggers countered with fair use.

Privacy 112

Privacy Fair Use Blogging Copyright 112

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. Fair use in US ( Google Books but reuse pattern different here. Fair dealing c.

IP 120

IP Derivative Work Intellectual Property Art 120

LexBlog IP

MARCH 9, 2023

Some of the legal issues include: Does use of copyrighted content to train models constitute infringement or is it fair use? Is the output of the AI tool protectable by copyright? What are the privacy implications? In the near term, so too will the associated legal issues.

Fair Use 59

Fair Use Privacy Music Art 59

The IPKat

NOVEMBER 22, 2023

Here's what they have to say about the evidence session: These large language models infringe copyright at multiple parts of the process: when they collect the information, how they store the information, and how they handle it. Do LLMs Infringe Copyright? The committee explored the question of infringement of copyright by LLMs.

Intellectual Property 96

Intellectual Property Copyright Fair Use Government 96

43(B)log

AUGUST 4, 2023

Mark Schultz, Video on Demand Services: New Frontiers in Regulation of Cultural Policy, Industrial Policy & Copyright Streaming took off, and regulation was close behind, motivated by concerns about culture. Blake Reid, Copyright’s Periphery Copyright on a dying planet. That seems bad for reasons beyond guns.]

Copyright 52

Copyright Fair Use Marketing Marketing 52

Velocity of Content

SEPTEMBER 9, 2021

This is the sixth (and, for now, final) post in this series, where we’ve looked at the copyright requirements and options for digital content creators, such as blogs and podcasts. But what it isn’t is a substitute for a copyright registration. (It See also: Copyright Match : A more widely-available alternative to ContentID.

Copyright 113

Copyright Social Media Licensing Publishing 113

LexBlog IP

APRIL 12, 2023

Some of the legal issues include: Does use of copyrighted content to train models constitute infringement or is it fair use? Is the output of the AI tool protectable by copyright? What are the privacy implications? In the near term, so too will the associated legal issues.

Fair Use 52

Fair Use Privacy Music Art 52

Technology & Marketing Law Blog

AUGUST 2, 2021

Some of the major changes to the book this year: I added a note on the Copyright Claims Board. I’ve now framed it as a note about California’s consumer privacy laws. US case, which overwrote most of my prior note on Nosal and Power Ventures. Primer on the Copyright Claims Board (CCB). Note About Fair Use.

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Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

DECEMBER 31, 2021

” The opinion doesn’t clarify who is depicted in the photos or who owns those photos, other than to note that “Bayside registered its copyrights in the photos on November 2, 2020.” Due to the failed fair use defense, the court orders Twitter to comply with the 512(h) subpoena. 2021 WL 6135300 (N.D.

Fair Use 110

Fair Use Blogging Marketing Marketing 110

IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

Copyright Law 69

Copyright Law Copyright Law Copyright Infringement 69

IIPRD

JANUARY 28, 2023

It is the responsibility of regulators to make sure that these technologies protect individuals’ informational privacy. In the case of electronic information, it is difficult to judge “fair use,” gain access to, and maintain control over the infringement of copyright law.

Privacy 52

Privacy Government Intellectual Property Fair Use 52

Technology & Marketing Law Blog

JULY 12, 2022

Primer on the Copyright Claims Board (CCB) (now deleted). Copyright Basics (Copyright Office Circular 1). Note About Fair Use. Part 312, the Children’s Online Privacy Protection Act’s Regulations. s General Data Protection Regulation (GDPR) and State Consumer Privacy Laws. Primer on FOSTA.

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Editing Law Social Media Privacy 139

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

Fair Use 93

Fair Use Plagiarism Copyright Marketing 93

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Like most large websites that are not in the news every day, we receive very few copyright claims despite our size.

Copyright 45

Copyright Fair Use Music Licensing 45

Technology & Marketing Law Blog

OCTOBER 4, 2022

One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout for Yout’s violation of YouTube’s access control technology. It sought a declaratory judgment that it did not violate 17 USC 1201(a)(1) or 1202. The complaint.

Cease and Desist 84

Cease and Desist Fair Use Copyright Blogging 84

Barry Sookman

SEPTEMBER 5, 2021

v Zead, 2020 BCSC 2145 “privacy is not a freestanding right specifically mentioned in the Charter. Second Circuit: Supreme Court Google Precedent Doesn't Alter Copyright Law's Fair Use Analysis [link] … The post Computer and Internet Weekly Updates for 2021-09-04 appeared first on Barry Sookman.

Fair Use 57

Fair Use Privacy Copyright Law Reporting 57

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

TorrentFreak

NOVEMBER 3, 2023

The DMCA takedown process allows copyright holders to report infringing content and have it removed or taken down. Fraudsters occasionally use false DMCA notices to target competitors. The takedown requests are already shared publicly by Google through the Lumen Database , but these public listings omit privacy-sensitive data.

Cease and Desist 89

Cease and Desist Music Copying Fair Use 89

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

Fair Use 40

Fair Use Licensing Music Art 40

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

The IPKat

FEBRUARY 6, 2022

Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. For more information and to register, click here.

Intellectual Property 78

Intellectual Property Moral Rights Privacy Copyright Infringement 78

JIPEL Copyright Blog

MARCH 9, 2022

Perhaps one of the most salient legal issues is whether there is copyright infringement or a violation of the Visual Artists Rights Act of 1990 (“VARA”) in the virtual modification (e.g., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

TorrentFreak

APRIL 23, 2024

Lawsuit and Appeal Internet Archive believes that its approach falls under fair use but publishers Hachette, HarperCollins, John Wiley, and Penguin Random House disagree. They filed a lawsuit in 2020 equating IA’s controlled digital lending operation to copyright infringement.

Copyright 115

Copyright Fair Use Copying Publishing 115

Technology & Marketing Law Blog

AUGUST 29, 2022

Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Paxton, amicus brief in support of emergency application for administrative relief to the US Supreme Court, May 2022. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. . __ (forthcoming 2022).

Editing 88

Editing Social Media Blogging Advertising 88

SpicyIP

OCTOBER 27, 2023

These patterns can intersect with the trademark and other intellectual property (IP) in various ways, although it’s important to note that the use of dark patterns is unethical and often violates principles of fair use and consumer protection.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. A: Yes, because we continue to rely on common law privacy torts. Her conclusion: no.

Privacy 59

Privacy Inventor IP Government 59