Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). We posted three chapters from the book: Featuring People in Ads (2022 Edition). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Books and Academic Articles.

Editing 88

Editing Social Media Blogging Advertising 88

IPilogue

OCTOBER 18, 2022

The context surrounding the litigation shows that protecting business interests is not trademark law’s sole function. . Since then, WOTC has licensed the marks to another company which sells older editions of both D&D and the original Star Frontiers.

Trademark 101

Trademark Trademark Law Intellectual Property Law Publishing 101

43(B)log

FEBRUARY 2, 2024

Instead, proposes trust but verify: register to certify compliance with regulations, including limited government inspection, similar to source code review in litigation. Enforced w/penalties, including litigation/whistleblower protections. License when absolutely necessary but watch for restrictions on purpose or geography.

Social Media 59

Social Media Government Editing Litigation 59

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 1, 2021

His practice emphasizes intellectual property and technology licensing and litigation, in a vast range of technical areas, including in the areas of chemistry, biotechnology, mechanical and electrical engineering, semiconductor, non-volatile memory, software, displays, and wireless technologies. Berkeley School of Law.

Litigation 40

Litigation Intellectual Property Editing Technology 40

TorrentFreak

JUNE 14, 2022

Two Years of Litigation, Both Parties Request Summary Judgment. Koeltl at the District Court for the Southern District of New York, the plaintiffs say that as leading publishers of tens of thousands of books, they already issue licensed ebook editions to libraries.

Publishing 112

Publishing Fair Use Copying Editing 112

IP Close Up

JUNE 15, 2021

IBM and IPwe, believe that NFTs, Non-Fungible Tokens – one-of-a-kind limited digital editions – can transform stagnant patent monetization into a trillion dollar market. Two IP icons Continue reading.

Non-Fungible Tokens 96

Non-Fungible Tokens Marketing Marketing Editing 96

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. The event will take place on 18 March 2022 from 1:15pm to 7:00pm (CET) and registrations are open here.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

LexBlog IP

NOVEMBER 28, 2023

All meme-like images in this article are properly licensed. Rather than asking a business to take down an infringing meme, companies and creators often demand tens of thousands of dollars to settle the issue through a retrospective license to use the meme content. Yes and no. What about meme generators? Grumpy Cat Limited v.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

43(B)log

OCTOBER 31, 2022

Algthough Logan published the photos on Wikimedia under a Creative Commons license, he alleged that Meta stripped the photos of all identifying information and falsely identified itself as the owner by displaying its “copyright tag on the bottom of each Facebook user page,” breaching the license. 3d 1137 (9th Cir.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15] SETTLEMENT CASES. 1] See Michael A.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Technology & Marketing Law Blog

MAY 17, 2022

This knocks out the pre-litigation negotiation requirement, the TOS’s protective provisions, the TOS’s disclosures, the TOS’s licenses (which nukes Roblox’s defense to a conversion claim), and more. This opinion is filled with bad news for Roblox. Contract Formation. As a result, the TOS fails.

Contracts 123

Contracts Publishing Licensing Editing 123

Kluwer Copyright Blog

FEBRUARY 2, 2023

Litigation against generative AI started in 2022 with a class action launched against Copilot , an AI trained to generate computer code using examples from Github. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

Copyright 145

Copyright Art Fair Use Registration 145

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

The IPKat

OCTOBER 25, 2022

meanwhile the genius was sleeping " by extraterila is licensed under CC BY 2.0. This special issue will be co-edited by (in alphabetical order) Stefano Barazza, Irene Calboli, Sarah Harris, Annette Kur, and our PermaKat Eleonora Rosati. and analyses which are the right tools to prepare for the next pandemic.

Intellectual Property 67

Intellectual Property Registration IP Technology 67

JIPL Online

NOVEMBER 1, 2021

4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 5] The mere threat of litigation is enough to shut most fan projects down entirely. [6] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Patently-O

APRIL 11, 2024

Lost profits reward the patentee for lost sales, whereas a reasonable royalty reflects what an infringer would have been willing to pay for a license. Disclaimer from Dennis Crouch: I formerly represented Trading Technologies in litigation involving some of the patents at issue in this case.

Patent 81

Patent Invention Technology Patent Law 81

The IPKat

MAY 7, 2022

This review of Licensing Standard Essential Patents: FRAND and the Internet of Things by Igor Nikolic is brought to you by Brussels-based trainee patent attorney, Henry Yang. Mr Justice Mellor called for judicial restraint in an interview last year, but I think the litigants will argue actively against it. What is the way out?

Licensing 52

Licensing Patent Editing Publishing 52

LexBlog IP

JUNE 27, 2023

3] Goldsmith received a small licensing fee for this use and was co-credited with Warhol in the magazine. In litigation, the case ping-ponged from the district court (ruling for Warhol) to the appeals court (ruling for Goldsmith), then finally went to the Supreme Court. Goldsmith counter-sued, claiming copyright infringement.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

The IPKat

JUNE 25, 2021

Here is what he has to say about Research Handbook on Intellectual Property and Technology Transfer , edited by Jacob H. The issue of patent litigation is explored in Chapter 14 ‘Currents and crosscurrents in litigation of university and non-profit related patents: is there a coming wave of patent litigation involving those patents?’

Intellectual Property 52

Intellectual Property Technology Higher Education IP 52

43(B)log

FEBRUARY 22, 2021

A: He’s interested in whether it meets the standard, and also whether it would create a problem with future costumes/a licensing culture. Every year there are disputes, but never any litigation. Plays often circulate in different editions—reading editions, acting editions, etc. Not sure he sees a huge problem.

Copyright 40

Copyright Art Copying Editing 40

Plagiarism Today

SEPTEMBER 23, 2022

Getty noted that this ban does not prevent the submission of 3D renders nor does it prevent the use of any digital editing tool, such as Photoshop or Illustrator. First off, they have editorial control over the images and then license those images to customers. Getty is in the business of licensing images that are free of legal issues.

Artwork 314

Artwork Art Licensing Copyright Infringement 314

Kluwer Copyright Blog

FEBRUARY 22, 2022

In the wake of this automation, Peukert and Windisch look more to the ‘after’ of platform liability, in a future of ContentID, algorithmic licensing, and blockchain technologies. We anticipate exciting new contributions on topical issues such as litigation data, trade, and diversity in the coming months. by Christopher Heath. €

Copyright 52

Copyright Public Domain Marketing Marketing 52

Technology & Marketing Law Blog

JULY 9, 2022

and Match’s failure to disclose or warn of a fraudulent or flagged account to consumers… liability for Count I is predicated on alleged actions that Match took as a publisher performing traditional editorial functions, such as editing, screening, and removing content.” ” The FTC cited Anthony v.

Advertising 121

Advertising Advertising Publishing Blogging 121

Kluwer Copyright Blog

JUNE 27, 2023

2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. º-B/1 seems to unduly restrict the information duties in the cases of (only) exclusive licenses or assignments, which appears to contradict Art.19 14(5), as well as to publishing and translation contracts (Articles 105 and 170).

Art 103

Art Contracts Publishing Licensing 103

43(B)log

FEBRUARY 4, 2023

Said: Framing it as “the woman question” is rhetorically tricky and still positions women as the problem—why not “the copyright question: woman edition”? Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

Copyright 64

Copyright Editing Settlement Music 64

Kluwer Copyright Blog

MAY 15, 2024

Copyright Office and the explosion of litigation (see here ) in the U.S., More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. The statements by authors that were consulted by the U.S. This requires institutional reform and a paradigm shift.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Kluwer Copyright Blog

APRIL 25, 2024

High profile litigation and media-covered controversies have drawn wide-spread attention to the essential role that pre-existing works play in the process of “teaching” an AI to “think.” Only one witness is quoted as having argued that such uses should be licensed by collective societies.

Copyright 70

Copyright Government Copyright Law Reporting 70

Kluwer Copyright Blog

FEBRUARY 9, 2022

Exceptionally, copyright accommodates other forms of licensing that restrict the author’s individual exercise of rights. 4 Retransmission Directive ) and extended collective licensing (with opt-out possibility) for out-of-commerce works (art. 12 DSM Directive). 12 DSM Directive). 5 Rental Directive ). 17 of the Charter ).

Copyright 52

Copyright Licensing Art Publishing 52

Kashishipr

AUGUST 10, 2022

Where an individual or an entity attempts to infringe upon your IP assets or contests your ownership, he can offer valuable guidance and support throughout the evidence gathering and litigation process. Through this functionality, an IP owner can give licenses to individuals who wish to access his IP by accepting their digital signature.

Intellectual Property 52

Intellectual Property Ownership Contracts IP 52

Technology & Marketing Law Blog

JUNE 22, 2023

Broadcasters qualify as DJPs if they: have the specified FCC license, engage journalists (like the factor above), update content at least weekly, and have error correction processes (like the factor above). ” I assume the analogous agreements will come from music licensing? is not foreign-owned, terrorist-owned, etc.

Journalism 89

Journalism Social Media Publishing Government 89

Indiana Intellectual Property Law

APRIL 18, 2024

Patent Office issued the following 251 patents to persons and businesses in Indiana in February 2024: Patent Number Patent Title US 11911276 B2 Rotatable collar for a prosthesis US 11911270 B2 Stent structures for use with valve replacements US 11913924 B2 Ion generation using modified wetted porous materials US 11911295 (..)

Patent 52

Patent Editing Music Patent Application 52

Kluwer Copyright Blog

MAY 9, 2023

Some of these input and output questions are already being litigated in the US and the UK, most notably in a class action litigation against providers of Stable Diffusion (see complaint and motion to dismiss ), as well as in lawsuits brought by Getty Images (reported here ; see also this early analysis by Guadamuz). [1]

Copyright 138

Copyright Fair Use Copyright Law Law 138

LexBlog IP

MARCH 27, 2023

Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. The firm was founded in 1999 [ sic ] and has since grown to become one of the largest IP law firms in the Midwest region of the United States.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

LexBlog IP

APRIL 13, 2022

On August 6, Roc-A-Fella filed an amended complaint, naming GoDigital, a company to which Dash allegedly granted the right to license Reasonable Doubt to certain websites, as a co-defendant. [13] 13] The defendants filed an answer to the amended complaint on September 29, and the parties are now in discovery. 53]. * * *.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

NOVEMBER 9, 2021

In this latest edition of our Privacy and Security Roundup, we share the details of the final rule’s two key measures including export restrictions and a new License Exception, provide an update on cyber incident reporting legislation, discuss modifications to the GLBA Safeguards Rule and much more. .”

Privacy 40

Privacy Reporting Government Technology 40

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Open Source Smell Culture: perfumers can share formulas using CC licenses.

Music 52

Music Art Copying Licensing 52