Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility. Acuff-Rose Music, Inc.

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Michael Geist

APRIL 6, 2022

Rodriguez: Because there’s a value to that. If you click on the link and go to the news, there’s a value to that. Of course, not all links have that value. If the principle was that links have value requiring compensation, then why shouldn’t I be required to pay for linking to the same article?

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Technology & Marketing Law Blog

AUGUST 12, 2022

To me, collectively the four posts demonstrate Hernandez’s discriminatory mindset so clearly that I don’t see how Muslims in Phoenix could trust they would get fair treatment from Hernandez. For example, the fourth meme references government spending priorities, and that’s a major social topic.

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Social Media Privacy Blogging Law 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. The court stated, in Blackwood and Sons Ltd.

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LexBlog IP

MAY 3, 2022

If you missed the last post that provided an overview of the rules related to this topic, you can find the link to the previous post here. Dealings on reasonable terms and at Fair Market Value (FMV). Welcome back to our discussion on 501(c)(3)’s, inurement, and excess benefit transactions!

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U.S. Department of Commerce

JUNE 23, 2021

Harnessing the full value of the digital economy will accelerate the path toward economic recovery and expand transatlantic commerce in new technologies and digital services. and EU can work together to write the rules of the road for the 21 st century economy based on shared democratic values. Secretary of Commerce Gina M.

Privacy 52

Privacy Technology Marketing Marketing 52

The IPKat

SEPTEMBER 5, 2023

Hedonic regression seeks to isolate the fair market value of each of the technology generations over the previous, all other things being equal (such as the screen size and the processing power). I find no value in InterDigital’s Top-Down cross-check in any of its guises. The overall conclusions of the Judgment are: 944.

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Velocity of Content

MARCH 31, 2022

This segment from the television show came to mind again for me recently when I sat myself down to a short course of study about various standards, forcing me to think about the whole topic in a more detailed and organized way than I previously had occasion to do. You know, vexillology; Old Glory, the Union Jack and all that.

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The IPKat

FEBRUARY 4, 2022

This dynamic is not lost on entrepreneurs and innovators around the world, sensing and opportunity to create value for users and perhaps birthing a unicorn in the process. What may seem to be parasitical to the maker of a database will represent considerable added value for users.” Parkamo GmbH.

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LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

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The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). 50 of 24.4.2017).

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Art Law Journal

OCTOBER 29, 2021

What’s more, there’s not a dearth of useful information on the topic. As if completing a project isn’t difficult enough, many artists find themselves seriously stuck when they begin establishing their initial market or when looking to increase their art’s value over time. Establishing Your Market for Pricing Artwork.

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Artwork Art Business Marketing 52

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

LexBlog IP

AUGUST 12, 2022

.” More specifically, the agency issued an Advance Notice of Proposed Rulemaking (ANPR) on Commercial Surveillance and Data Security and announced a related workshop on the topic. This rulemaking will be conducted pursuant to the FTC’s organic rulemaking process, which is known as Mag-Moss rulemaking.

Privacy 52

Privacy Advertising Advertising Publishing 52

43(B)log

FEBRUARY 3, 2024

Andrew Gilden, Talking Pleasure in IP Courts and advocates are skeptical of value of pleasure; when they want to honor it, they reframe it as something else, like social justice. Expected to find a lot of talking around the topic of pleasure, but surprised to find a lot of hostility to, especially, defendants’ enjoyment of their own conduct.

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IP Marketing Marketing Patent 59

Technology & Marketing Law Blog

DECEMBER 11, 2021

For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use. ” (Tautology alert).

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IP and Legal Filings

MARCH 14, 2023

The basic distinctions between the perspectives that TK is a shared cultural value for Indigenous Peoples and the perspective that TK is a privately held commercial asset are captured in this feature. xiv] These attributes largely concern plants, their traits, and applications.

Intellectual Property 52

Intellectual Property Journalism Ownership Higher Education 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion tackles one of the hottest topics in Internet Law: do UGC services engage in editorial functions protected by the First Amendment? By engaging in this content moderation, the platforms develop particular market niches, foster different sorts of online communities, and promote various values and viewpoints.

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Social Media Law Blogging Publishing 97

43(B)log

JUNE 29, 2023

Might be broken down by topic. Christophe Geiger: different EU/US traditions around regulatory oversight/verification of compliance with key values v private ordering. The relation b/t different provisions of DSM—link tax, data mining, “value gap,” etc—is unclear. DSA’s self-audit requirements: can this work? Intended or not?

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Law Privacy Litigation Social Media 52

SpicyIP

MARCH 30, 2023

Though this case was passed by another court and thus holds a mere persuasive value, Calcutta High Court’s order clearly lacked due process and the elements of fairness and justice. Thus, in this case, legal development related to disparagement would have persuasive value, however, even still a strong case is made in favour of Rathee.

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43(B)log

MARCH 25, 2024

Merely because the images might convey “an ideological or provocative message” does not make them nonfactual: A fact does not become “value-laden” merely because the fact drives a reaction. A facial challenge was rejected by the Sixth Circuit in 2012, but the DC Circuit struck down the FDA’s first attempt on an as-applied challenge.

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Advertising Advertising Social Media Government 64

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP.

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Licensing Technology Intellectual Property Patent 52

43(B)log

FEBRUARY 16, 2024

And the practical burden of showing false connection is probably higher, just because the things that make confusion more likely—having competing goods and services in the market, having a commercial reputation and not just a general reputation—are missing if you don’t sell goods or services yourself. Wu: but you’re saying Kagan’s wrong.

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Trademark Fair Use Registration False Advertising 59

The IPKat

SEPTEMBER 12, 2021

Abbott has two CGM devices on the market - the Freestyle Libre 1 and Libre 2 - which Abbott claims is the top selling CGM product in the world, used by 3 million people in 50 countries. With a more expensive product than Abbott's, Dexcom has a much smaller UK market share. Libre 2 was launched in October 2020.

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Litigation Patent Marketing Marketing 98

Copyright Lately

JANUARY 23, 2023

Depending upon who you ask, AI-generated art is either poised to thrust a photorealistic dagger into the throats of millions of commercial artists or is merely a kitschy fad with no lasting aesthetic value. There’s no “cutting and pasting” involved. (If ” Sure, that’s a big number in the aggregate.

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Derivative Work Art Copying Fair Use 108

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use. Goldsmith , No.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

43(B)log

FEBRUARY 17, 2022

While surveys should control for demand effects, the surveys here didn’t suggest to consumers what the “right” answer was, only what the relevant topic was. “[T]he Each motion was granted in part and denied in part. As a general matter, “[e]rrors in methodology. properly go only to the weight of the evidence” and not to its admissibility.

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False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

JULY 6, 2022

I don’t like this solution because it basically tells constituents that their voices aren’t valued. City Government Can’t Remove Off-Topic Comments From Its Social Media Page–Kimsey v. Freed appeared first on Technology & Marketing Law Blog. Otherwise, it’s personal and free from scrutiny under section 1983.”

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Government Social Media Litigation Law 70

43(B)log

FEBRUARY 24, 2021

A minimum disclosure is required in all advertising, adequate and fair disclosure: number and value of prizes and other material facts—entry dates, eligibility requirements, geog. Harris: Canada is similar; no specific green marketing laws, just Competition Act/provincial statutes. distribution of prizes if any.

Advertising 40

Advertising Advertising Law Privacy 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. With respect to commercial launches, the United States saw fewer new biosimilars entering the market in 2021 than in previous years. Introduction. Biosimilar Regulatory Updates.

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LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. This mid-range estimate puts the value of religion to U.S. places the value of faith to U.S. places the value of faith to U.S. market for religious publishing and products at $6.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Technology & Marketing Law Blog

MAY 18, 2023

Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Between the two decisions, we get a powerful opinion on the topic of “aiding and abetting” online, while Section 230 dodged its first SCOTUS review. Google appeared first on Technology & Marketing Law Blog.

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Social Media Law Fair Use Blogging 137

Patently-O

DECEMBER 12, 2021

Nonetheless, the bar is a content-based restriction because “its reach is defined simply by the topic (subject matter) of the covered speech” [8] – here, the topic being the famous person in question. Is the PTO capable of applying First Amendment balancing tests such as transformative use or fair use in routine registration decisions?;

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