Michael Geist

SEPTEMBER 21, 2022

Changing market dynamics have also obviously changed the digital ad market, with more money moving toward companies such as Google, Facebook, and Amazon. Instead, the bill triggers a mandatory compensation process where news content is “made available” on Internet platforms, called digital news intermediaries (DNI).

Government 95

Government Journalism Advertising Advertising 95

Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Kluwer Copyright Blog

JULY 5, 2022

This year we have seen an influx of educational events dedicated to everything digital. Last Wednesday, Fide (a legal-economic think-tank) held the latest in their series of Global Digital Encounters (GDE) – an online panel discussion focusing on the metaverse and IP with some of the leading experts in digital laws.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

43(B)log

JUNE 29, 2023

Learning from other things regulated in digital ecosystem: Database Directive, GDPR. I’ve never heard of Zalando but it is an online fashion platform; systemic risks, even if they could be identified, are very different for Amazon/retail than for Facebook. And outside the large platforms we’d really have a problem.

Law 52

Law Privacy Litigation Social Media 52

Kluwer Copyright Blog

FEBRUARY 28, 2023

v GO4YU GmbH ( Case C‑423/21 ) The facts of the case are representative of the grey areas of the application of copyright territoriality in the digital era. Beograd, has been licenced by Prva Srpska Televizija to broadcast on its streaming platform the broadcaster’s program in Serbia and Montenegro. Grand Production d.o.o.

Copyright Infringement 52

Copyright Infringement Television Copyright Copyright Law 52

The IPKat

OCTOBER 31, 2021

Events NYU Law Forum - Memes on Memes and the New Creativity On 3 November 2021, NYU Law Forum - Memes on Memes and the New Creativity will be held online at 5:45PM (CET) for a discussion on the First Amendment, intellectual property, and art law to place a phenomenon of our digital era into a broader legal, historical, and cultural context.

Intellectual Property 67

Intellectual Property Intellectual Property Law Social Media IP 67

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

Michael Geist

APRIL 6, 2022

Why should the platform be required to pay and not the person that posted the link? Late last year, News Media Canada ran a webinar on reviving newspapers in digital news deserts. Of course, not all links have that value. The fact that the media sector already receives value from the referral link is evident by its actions.

Government 99

Government Business Journalism Marketing 99

43(B)log

APRIL 19, 2021

From the site: 2020-2021 TOPIC Students are invited to submit papers addressing a legal or public policy question relating to emerging and sustained challenges to legal and political structures created by online platforms, digital services, and other emerging technologies. FINE PRINT The judges’ decisions are final.

Technology 40

Technology Law Journalism Government 40

SpicyIP

MARCH 30, 2023

As stated above, the section is applicable regardless of the intention of the respondent; however, in disparagement cases, intention is an essential element in determining liability. The court must clarify its position on whether ‘intention’ of the respondent is a material fact or not in determining liability in such cases.

Trademark 59

Trademark Advertising Advertising Intellectual Property 59

Copyright Lately

JANUARY 23, 2023

The defendants include Stability AI (developer of Stable Diffusion and DreamStudio ), Midjourney (which packaged the open-source Stable Diffusion into its own  Discord  and  web-based applications) and DeviantArt (which recently launched the DreamUp app, also based on Stable Diffusion’s platform). of America v.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

43(B)log

FEBRUARY 24, 2021

Melissa Steinman: Shop Safe Act introduced trying to stop fakes in ecommerce; didn’t go through (attempt to create contributory liability for platforms) but will be reintroduced, so keep an eye out. Theme for this year: platform liability. Maryland: First ever digital advertising tax, on gross receipts.

Advertising 40

Advertising Advertising Law Privacy 40

Plagiarism Today

NOVEMBER 22, 2022

Those tools ceased to work sometime within the last week , leading users to upload full movies and even live events to the platform undetected. One of the more popular alternatives has been Mastodon , a decentralized microblogging and social networking platform. Also, certain topics are riskier than others. Some Mastodon Basics.

Copyright 285

Copyright Social Media Designs Design 285

TorrentFreak

NOVEMBER 26, 2021

Notable examples include the Copyright Directive passed in 2019 and the Digital Services Act , which was unveiled in 2020. Rapid copyright takedowns, trusted flaggers, and other types of enforcement are all hot topics. No New Safe Harbors For Search Engines. ” Due Diligence Should Be a Safe Harbor Factor.

Due Diligence 118

Due Diligence Music Business Copyright 118

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. The platforms aren’t allowed to reject or hide DJPs’ content, so they must show the content to their audiences and pay royalties even if they don’t want to. The CJPA is none of that.

Journalism 89

Journalism Social Media Publishing Government 89

Kluwer Copyright Blog

AUGUST 12, 2021

The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for scholars (see here , here , here and here ), but also for the European Court of Justice itself (CJEU). Overview of the Egyptian Copyright Law.

Copyright 103

Copyright Moral Rights Copyright Infringement Marketing 103

Kluwer Copyright Blog

SEPTEMBER 29, 2022

As a follow-up to a previous post about the concept of portability and its emergence in personal data protection and consumer law, this second part focusses on portability rights and IP in two forthcoming instruments of “data economy law”: the Digital Markets Act and the proposal for a Data Act. Portability & the Digital Markets Act.

IP 56

IP Ownership Marketing Marketing 56

The IPKat

MAY 31, 2022

TRADE MARKS The impact of Brexit on trade mark cases involving UK-based rights has been a hot topic over the past two years. As reported by The Fashion Law, a recent case in China involved copyright infringement of a series of illustrated works by Chinese artist Ma Qianli and the contributory liability of Chinese marketplace Bigverse.

Blogging 76

Blogging Non-Fungible Tokens IP Reporting 76

The IPKat

FEBRUARY 3, 2023

6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley. Click here to know more. More information is available here.

Intellectual Property 67

Intellectual Property Intellectual Property Law Contracts IP 67

Kluwer Copyright Blog

NOVEMBER 29, 2021

As of June 6, 2021, however, only a handful of Member States have implemented Directive 2019/790/EU (Copyright in the Digital Single Market; hereinafter CDSMD). These exceptions have already been generally applicable in the online environment (including the use of content via platforms). The transposition deadline has now passed.

Cease and Desist 115

Cease and Desist Copyright Government Publishing 115

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. That is the upcoming Digital Services Act (DSA). Doing the bare minimum.

Art 135

Art Copyright Law Related Rights 135

TorrentFreak

NOVEMBER 27, 2022

The site is extremely easy to use and with almost no barriers to entry, it’s one of the best platforms to build an audience. For a channel that specialized in “drama related” topics, the next year of events could’ve taken it to the next level. That could mean a strike, a channel ban, or even a lawsuit.

Copyright Infringement 120

Copyright Infringement Copyright Settlement Reporting 120

Kluwer Copyright Blog

JUNE 1, 2023

Our society was founded in January 2012 with the aim of creating a platform for independent and critical scholarly thinking on European copyright law [1]. First , we think the EU legislator should give primary attention to optimizing the level of harmonization achieved thus far.

Copyright Law 111

Copyright Law Copyright Law Art 111

Technology & Marketing Law Blog

OCTOBER 16, 2023

Those protections are so onerous that many businesses would blocklist children rather than comply with the requirements—a calamitous outcome for children who need to prepare for their digital-first future. That makes this topic is the #1 battle privacy advocates should be fighting. Restrictions on Harmful Use of Children’s Data.

Designs 79

Designs Design Privacy Business 79

Kluwer Copyright Blog

SEPTEMBER 7, 2022

The report addresses the following main research question: how can we map the impact on access to culture in the Digital Single Market (DSM) of content moderation of copyright-protected content on online platforms? Chapter 3 carries out a legal mapping of the topic of this report at EU level.

Copyright 56

Copyright Art Reporting Due Diligence 56

Technology & Marketing Law Blog

DECEMBER 26, 2023

29, 2023): the content at issue in this case is the digital firearms information that DD published, from 2012 through 2020, to its own website, DEFCAD. That Vrbo provided the Millers a platform to list their home for rental and published information the Millers provided nestles them squarely within the protections of Section 230.

Publishing 85

Publishing Law Marketing Marketing 85

Technology & Marketing Law Blog

FEBRUARY 20, 2022

For example, are fewer trafficked persons being identified post FOSTA-SESTA and are legal cases harder to build without digital data? For a deeper dive on these topics, I encourage you to check out the article’s bibliography of FOSTA-relevant empirical studies.

Blogging 104

Blogging Technology Editing Law 104

SpicyIP

JULY 27, 2021

It seeks to protect and expand the right to freedom of speech, right to dignity and equality, right to assembly and association, and the right to privacy in the digital age, through rigorous academic research, policy intervention, and capacity building.

Government 105

Government Editing Privacy Technology 105

Technology & Marketing Law Blog

DECEMBER 30, 2021

Providers will be forced to change or significantly reduce their moderation practices to limit liability risk or change their products in ways that could transform the services they provide. “there is an incredible disparity in scale between newspapers and social media platforms.”

Social Media 111

Social Media Law Privacy Blogging 111

Technology & Marketing Law Blog

SEPTEMBER 21, 2022

If you want a distillation of this decision, consider this line: “Far from justifying pre-enforcement facial invalidation, the Platforms’ obsession with terrorists and Nazis proves the opposite.” In 2021, Florida and Texas passed laws regarding “social media platform censorship.” Background. We will not.”),

Social Media 137

Social Media Publishing Law Blogging 137

Kluwer Copyright Blog

OCTOBER 22, 2021

The topic of the liability of internet intermediaries has never been so contentious. Internet platforms have enjoyed immunity both in EU law and overseas. ISSP include search engines, auction platforms, e-commerce platforms, product comparison services, internet payment systems, self-publishing platforms, social media, etc.

Social Media 136

Social Media Copyright Copyright Infringement Technology 136