Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). The Constitutionality of Mandating Editorial Transparency , 73 Hastings Law Journal 1203 (2022). A First Look at Copyright Claims Board (CCB) Filings. Comments on the Very Dumb “SMART Copyright Act”). Books and Academic Articles.

Editing 88

Editing Social Media Blogging Advertising 88

LexBlog IP

JULY 22, 2021

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content).

Music 52

Music Fair Use Copyright Reporting 52

The TTABlog

OCTOBER 16, 2023

Text Copyright John L. TTABlogger comment: The Board declared the 4th DuPont factor - the lack of overlap in channels of trade - to be neutral, but it seems to me it should weigh in favor of applicant. Welch 2023.

Art 70

Art Social Media Registration Journalism 70

LexBlog IP

APRIL 11, 2023

Second, there may be copyright risks attached to the use of outputs from generative AI in public-facing works. Because of how the ChatGPT model is trained, it is possible that responsive outputs could contain elements of copyrighted material. What to Know About the AI Chatbot,” The Wall Street Journal (March 22, 2023), [link]. [4]

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” 22-1641 (7th Cir.

IP 72

IP Advertising Advertising Copyright 72

Technology & Marketing Law Blog

AUGUST 1, 2023

One is tempted to characterize these plaintiffs as copyright “trolls.” In other words, the gist of the case is whether the photographers surrender their right to exclude others by voluntarily posting their own photos to social media. The question is whether the same is true as a legal matter.)

Blogging 95

Blogging Copying Social Media Copyright 95

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. Media critics allegedly readily observed that the new show was “a clone of A&E’s Live PD,” and that “On Patrol: Live is Live PD.” Fan reactions on social media included “Ok. I’m confused.

Social Media 59

Social Media Copying Fair Use Advertising 59

Technology & Marketing Law Blog

JUNE 22, 2023

California’s latest entry into this Internet death-spiral is the California Journalism Protection Act (CJPA, AB 886). The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models?

Journalism 89

Journalism Social Media Publishing Government 89

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

Music 87

Music Copyright Copying Copyright Law 87

SpicyIP

AUGUST 7, 2023

Praharsh discussed an interesting development in Karnataka where a Court granted an interim injunction to a law student against 2 law assistant professors, on copyright infringement claims. SpicyIP Tidbit: Law Student Claiming Copyright Infringement Gets an Interim Injunction Against 2 Law Asst. Anything important we’re missing out on?

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

TorrentFreak

NOVEMBER 6, 2022

Collaborate with the MPA digital team on strategy and content for ACE, TPN and the MPA’s online presence and social media activity. It would be cynical to suggest that the media might be viewed as a conduit for political messaging, or as third-party amplifiers of carefully prepared statements and press releases.

Reporting 121

Reporting Advertising Advertising Social Media 121

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work.

Copyright 122

Copyright Social Media Publishing Licensing 122

Kluwer Copyright Blog

JULY 5, 2022

The current market figures do not support the thesis that metaverse is virtual reality (VR) per se. However, overall, we can agree that metaverse means some sort of a virtual reality space. Some people see metaverse as the Oasis from “Ready Player One”, but this is not really the case. VR is currently still more of a niche.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

Velocity of Content

SEPTEMBER 7, 2021

Consumers rely on news and social media information more than ever — and they need to be able to trust the information they consume. Widely available technology and social media platforms have made it easy to alter actual photos and distribute false or misleading stories whose content seems plausible.

Social Media 105

Social Media Journalism Reporting Government 105

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market. This procedure may take several months.

Business 52

Business Trademark Registration Cease and Desist 52

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Call for Submissions: The Journal of the Patent and Trademark Office Society (Vol.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Velocity of Content

AUGUST 10, 2022

In the aftermath of Brexit, many publishers were wondering if the UK — with its strong tradition of supporting the rights of publishers, authors, and artists — would provide another voice in defense of copyright. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. For every one of the twenty-one defendants, the plaintiff provided examples.

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

SpicyIP

NOVEMBER 19, 2023

Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. VIII, Issue I [Submit by January 7, 2024] NLU Jodhpur’s Journal of Intellectual Property Studies is inviting original, unpublished manuscripts for publication for its upcoming issue. The last date for submissions is January 7, 2024.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. Need for data: A survey From a legal perspective, a taxonomy of data used in AI research and development shows that there is copyright data (i.e., or as brief as you'd like.

Social Media 52

Social Media Law Journalism Copyright 52

LexBlog IP

APRIL 20, 2022

Oracle , that ‘fair use’ is an ‘equitable rule of reason’ requiring ‘judicial balancing’ of ‘the sometimes conflicting aims of copyright law’ so that copyright does not ‘stifle the very creativity which the law las was meant to foster.’ ’ (Op. Neither Marano [v.

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements.

Law 113

Law Social Media Government Privacy 113