Technology & Marketing Law Blog

AUGUST 2, 2021

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. Note About Fair Use. Part 312, the Children’s Online Privacy Protection Act’s Regulations. Weis Markets. I added a major note on the Van Buren v.

Editing 145

Editing Law Privacy Contracts 145

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). 2000) (“ copying an entire work militates against a finding of fair use. ”).

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Fair Use Privacy Copyright Technology 136

Technology & Marketing Law Blog

JULY 5, 2022

” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ). Nature of the use. The photos were already published, which weighs in favor of fair use. ” This also weighs in favor of fair use (?). Market effect.

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Fair Use Plagiarism Copyright Marketing 94

Technology & Marketing Law Blog

JULY 12, 2022

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. The post Announcing the 2022 Edition of My Internet Law Casebook appeared first on Technology & Marketing Law Blog. Hamidi (Cal. CSC (2d Cir.).

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Editing Law Social Media Privacy 140

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

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Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple positions itself as more privacy-supportive than the other tech giants, but then it committed an unforgiveable privacy faux pas by unveiling plans to proactively scan client-side files for illegal CSAM. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Emerging Tech.

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Social Media Law Privacy Government 127

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.”” Meta Platforms, Inc.

Trademark 93

Trademark Contracts Blogging Fair Use 93

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.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

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Fair Use Licensing Music Art 52

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). 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. Blog Posts. .”

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Editing Social Media Blogging Advertising 89

Kluwer Copyright Blog

MAY 15, 2024

The authors and copyright holders would like to receive a fair and equitable remuneration, while the AI-service providers would like to have access to high-quality data, such as copyrighted works, so that they can further improve their LLMs and promote the progress of innovation. The statements by authors that were consulted by the U.S.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

The IPKat

NOVEMBER 22, 2023

He said that the existing market conditions have led to the development of AI in ways that may not align with safe, responsible, reliable, and ethical practices. They say that this is fair use under US law. However, it was contested that fair use would apply and clarified that in any event, this does not apply in the UK.

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Intellectual Property Copyright Fair Use Government 96

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.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

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Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

MARCH 4, 2022

Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademark law by preventing the unauthorized registration of a person’s name, signature, or image. Elster did not have Trump’s consent to register this mark for any goods or services. The Federal Circuit disagreed. See Sections III-V.

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Registration Blogging Trademark Privacy 120

Technology & Marketing Law Blog

OCTOBER 4, 2022

Heldman. * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe. * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. New Destiny Church. * ‘Reaction’ Video Protected By Fair Use–Hosseinzadeh v. Klein. * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v.

Cease and Desist 86

Cease and Desist Fair Use Copyright Blogging 86

Technology & Marketing Law Blog

AUGUST 7, 2023

Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v. Privacy Review: 16 C.F.R. Part 312, the Children’s Online Privacy Protection Act’s Regulations Overview of the E.U.’s s General Data Protection Regulation (GDPR) and State Consumer Privacy Laws In re. Hamidi (Cal.

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Editing Law Contracts Privacy 52

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. It also puts users’ privacy and security (including minors’!) at greater risk. 18, 2022 NetChoice LLC v.

Law 114

Law Social Media Government Privacy 114

Kluwer Copyright Blog

APRIL 25, 2024

Copyright simply establishes limited exclusive rights to perform specified actions in relation to protected works, which owners may exchange for whatever value the market happens to ascribe to them. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Copyright 69

Copyright Government Copyright Law Reporting 69

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

Copyright 52

Copyright Fair Use Marketing Marketing 52

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. Privacy deception should be avoided, and offers and interactions should be transparent about price and key benefits. They are: 1.

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Intellectual Property False Advertising Designs Design 52

IP Tech Blog

MARCH 18, 2022

NFTs also may embody or use trademarks. 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. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Technology & Marketing Law Blog

AUGUST 15, 2022

In another instance of the bizarre fad of judges concurring with themselves, the opinion writer wrote a separate special concurrence (joined by 3 other judges) lamenting Section 230 because of the ruling’s impact on “the privacy interests of a minor.” Huffington Post appeared first on Technology & Marketing Law Blog.

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Publishing Privacy Blogging Intellectual Property Law 103

Traverse Legal Blog

MAY 1, 2022

An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets guidelines as to how it should be used.

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Social Media Reporting Business Fair Use 97

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

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Social Media Fair Use Advertising Advertising 52

Copyright Lately

MARCH 6, 2023

That case presented an example of copyright used to erase history (in Dolezal’s case, a photo of her standing next to a man she had falsely claimed was her father). Other, perhaps more sympathetic, examples include attempts to protect one’s privacy in personal or intimate information. In one notable case, Balsley v.

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Copyright Derivative Work Fair Use Social Media 79

43(B)log

FEBRUARY 22, 2021

Persuade courts to keep larger whole in view when interpreting and applying these doctrines; reform doctrines that have been interpreted too narrowly like experimental use in patent. There are other policy concerns about research such as privacy, human subjects rules. The harm is to soft innovation—market insights, product ideas, etc.—things

IP 40

IP Fair Use Copying Intellectual Property 40

LexBlog IP

MARCH 18, 2022

NFTs also may embody or use trademarks. 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. At that point, US trademark applicants have an additional 3 years to begin using the mark in US commerce.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. The post Yearbook Defendants Lose Two More Section 230 Rulings appeared first on Technology & Marketing Law Blog. Callahan v. PeopleConnect, Inc., Whitepages.

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Advertising Advertising Social Media Blogging 91

43(B)log

FEBRUARY 25, 2023

Discussant: Mark Lemley Maybe corpus linguistics can help w/things like descriptiveness and nominative fair use, though skeptical about confusion or fame (b/c you need a standard). There’s a strain of marketing literature that uses scanner data: tries to measure effect of brand extension on parent brand.

Trademark 72

Trademark Marketing Marketing Advertising 72

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. Other Posts.

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Moral Rights Journalism Licensing IP 105

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

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Fair Use Trademark Copyright Editing 52

43(B)log

APRIL 7, 2023

Criteria favoring a Brussels Effect are market size controlled by regulator—a lot of firms want to compete there; regulatory capacity/institutional expertise; stringent standards. Traditionally supported a highly segmented, explicitly territorial market approach by multinationals. Bradford’s four examples of the Brussels Effect v.

Art 45

Art Copyright Settlement Moral Rights 45

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Is the PTO capable of applying First Amendment balancing tests such as transformative use or fair use in routine registration decisions?;

Registration 69

Registration Government Advertising Advertising 69

43(B)log

APRIL 7, 2023

Good chunk, 10%, are flatly abusive—addressing uncopyrightable subject matter, attacking clear fair use/permissible exceptions, or just fraudulent—a scam run by an international charitable org trying to remove anything critiquing it. Digital Single Market was supposed to harmonize rules. Q: all of you are VLOPs.

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Art Litigation Law Reporting 69

43(B)log

FEBRUARY 24, 2023

Collapse of separate body of unfair competition, but also old-fashioned ways of thinking what it means to use as a mark—a certain kind of way of expecting products to be introduced to the market, that is no longer reflective of lots of stuff that goes on, especially digitally. Maybe not b/c TM is already so capacious. [TM

Trademark 49

Trademark Branding Brands Branding 49

LexBlog IP

NOVEMBER 17, 2021

3 Unless you have some legal excuse or defense, such as, fair use. The case was really about an Arizona state law that addressed a problem I didn’t know was a problem (beyond generalized concerns about privacy). It turns out car dealers tend to use special software suites and proprietary databases managed by third parties.

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Copying Copyright Business Licensing 52