Remove topics mandatory-declarations
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Opinion of the European Copyright Society on certain selected aspects of Case C-227/23, Kwantum Nederland and Kwantum België

Kluwer Copyright Blog

On the topic of material reciprocity, the CJEU in RAAP ruled that Article 8(2) of the Rental and Lending Directive (RLD) prohibits a Member State from excluding non-EEA performers from equitable remuneration for communication to the public of their recordings. In conclusion, Kwantum reflects the uncertainty stemming from RAAP.

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Supreme Court Restores Injunction Against Texas HB 20!–NetChoice v. Paxton

Technology & Marketing Law Blog

Given the strength of the 11th Circuit decision, it would be ideal to have that opinion frame SCOTUS’s consideration of the topic. However, Texas’ law does introduce new and terrible policy ideas, such as the mandatory transparency requirements that have no equivalent among traditional media. NetChoice Declaration.

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Innovate, Protect, Sustain: Navigating IPR for Sustainable Development Goals

Intepat

To achieve the SDGs, IPR should be flexible, including mandatory licensing, exclusions from research for special cases, and protection of both conventional and contemporary knowledge systems. IPRs and the transfer of climate technology are a contentious topic in the context of climate change.

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5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

43(B)log

The Fifth Circuit upholds mandatory cigarette warnings as acceptable compelled commercial speech under Zauderer , reversing the district court’s 2022 decision. That someone may have to declare bankruptcy [in order to get debt relief] is likely to engender strong emotions. Food & Drug Admin., 2024 WL 1208111, F.4th

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Permissibility Of A Waiver Of Moral Rights Of An Author Under The Copyright Regime

IP and Legal Filings

It is not permissible to renounce moral rights, nor is it allowed to put in the agreement a phrase declaring that the publisher will not sue or take any action against the author (as it will be hit by certain sections of the Indian Contract Act). The best strategy would be to write an agreement that includes a reasonable severability clause.

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Comments on the Ruling Declaring California’s Age-Appropriate Design Code (AADC) Unconstitutional–NetChoice v. Bonta

Technology & Marketing Law Blog

The court continues: “what is ‘in the best interest of children’ is not an objective standard but rather a contentious topic of political debate.” Once we take mandatory online age authentication off the policy table, we will clear the way for the much harder and complicated conversations that need to take place.

Designs 83
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Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Attorney General

Technology & Marketing Law Blog

Though this is a major win for free speech online, the panel unfortunately adopted an overly lax legal standard for evaluating mandatory editorial transparency laws, so it lifted the injunction for some provisions. McManus ruling, which rejected some mandatory disclosures about political advertising. Schruers declaration.