Technology & Marketing Law Blog

JULY 18, 2023

Nevertheless, at least in theory, other laws can fill the gaps in copyright’s limited propertization of information goods. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. Some built-in limitations within contract law prevent it from effectively limiting some forms of data usage.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Perform sound recordings publicly through digital audio transmission. That’s understandable. Which Type of Intellectual Property Law Is Right for You. That’s an idea for a story.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. Part II 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. Image by Gerd Altmann from Pixabay.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Velocity of Content

AUGUST 19, 2021

Parties bringing claims in bad faith may have to pay the other party’s reasonable costs and attorneys’ fees (generally up to $5,000). The Officers’ performance appraisals cannot be based on the outcome of specific proceedings. In the third , I looked at the copyright options currently available for podcasters.

Copyright 105

Copyright Social Media Blogging Registration 105

Nelligan Law

FEBRUARY 28, 2022

Leaders in law firms should pay attention to these differences and be prepared to offer supports that are not one-size-fits-all, even if it means re-thinking the business model and longstanding practices. This human rights and diversity policy must, at the very least, address fair recruitment, retention, and advancement.

Law 74

Law Settlement Reporting Business 74

Technology & Marketing Law Blog

AUGUST 21, 2023

Moreover, the statement is definite enough for the Court to ascertain YouTube’s obligation under the contract (it must avoid identity-based differential treatment in its contentmoderation) and to determine whether it has performed or breached that obligation. This sets up YouTube for a major own-goal. Yet, the court bails YouTube out.

Contracts 84

Contracts Social Media Blogging Law 84

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).

Designs 70

Designs Design Patent IP 70

SpicyIP

OCTOBER 26, 2022

After a few sessions on conceptual and theoretical ideas around IP, this set of sessions will now take the class on a different not-so-theoretical topic and deliberates upon IP issues that crop up around clinical trial test data, drug innovation, Indian drug regulatory regulation etc. Prof Antilegend’s classes are back! Confused face).

IP 118

IP Invention Patent Marketing 118

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Perform sound recordings publicly through digital audio transmission. That’s understandable. Which Types of IP Law Is Right for You? That’s an idea for a story. Copyright Duration.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

The IPKat

NOVEMBER 29, 2021

According to the author, IP scholars need to pay closer attention to whether IP law affords sufficient protection to local communities that practice and preserve the old arts. After performing a thorough literature review, Chon concludes that critical examination in legal scholarship is more common than typically acknowledged.

Intellectual Property 73

Intellectual Property IP Moral Rights Law 73

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) by Dennis Crouch. It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. American Axle (cert denied).

Patent Law 125

Patent Law Law Patent Invention 125

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance.

Blogging 83

Blogging Copyright Settlement Music 83

Kluwer Copyright Blog

FEBRUARY 8, 2024

Image by Rudy and Peter Skitterians from Pixabay In recent years, a so called ‘Secondary Publication Right’ (SPR) has been adopted in a number of European countries and become a policy hot topic at the EU level. The provision also did not provide for an embargo period. It also left scholarly authors extremely vulnerable to unfair practices.

Publishing 130

Publishing Contracts Art Copyright 130

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

SpicyIP

MAY 4, 2023

The court passed a joint order in Indian Performing Right Society Ltd. Ltd and Indian Performing Rights Society Ltd. Phonographic Performance Limited India and Anr , and connected matters, clarified that the IPAB order, despite pending an appeal, continues to operate (para. Rajasthan Patrika Pvt. Music Broadcast Ltd. (

Music 98

Music Copyright Ownership Licensing 98

LexBlog IP

JANUARY 12, 2022

They are not widely recognisable to the public, as they are not performed by well-known artists, and nor are they promoted for commercial purposes through radio, television or other typical distribution channels (eg, record stores). The advertising messages are played at a higher volume than the music.

Music 52

Music Copyright Television Related Rights 52

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. Overview of the Bill The CJPA would make some Big Tech services pay journalists for using snippets of their content and providing links to the journalists’ websites. updates its content at least weekly.

Journalism 89

Journalism Social Media Publishing Government 89

LexBlog IP

NOVEMBER 8, 2023

This entailed negotiating and collecting judicially and extrajudicially the reasonable and uniform remuneration as stipulated in article 49 (public performance of material carriers of music). This was for equitable remuneration for public reproduction of intellectual works by catering businesses (ie, coffee shops).

Music 52

Music Related Rights Law Contracts 52

SpicyIP

FEBRUARY 5, 2024

Last week we published 9 posts on topics such as the Patent (2 nd Amendment) Rules, the Delhi High Court-Butter Chicken Controversy, and developments regarding the public search and e-register feature of the TMR website. After an eventful week, here is our recap of its top IP developments. Don’t forget to check them out on the blog too!

Trademark 59

Trademark Settlement Licensing Copyright Infringement 59

Technology & Marketing Law Blog

JUNE 20, 2023

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. [Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

DECEMBER 21, 2023

However, it is evident that the risk of psychological, physical, and sexual violence increases as athletes progress in their talent development and performance pathway. 8] She received appreciation from Shyam for her performances, and he promised to fulfill her aspirations if she followed his instructions. How is grooming done?

Reporting 71

Reporting Journalism Government Law 71

SpicyIP

AUGUST 30, 2021

Topical Highlight. Sun Pharma v. Cipla: Madras HC Rejects COVID as an Excuse for Passing Off. In this guest post , Kedar Ganesh Dhargalkar analyses the recent case of Sun Pharmaceuticals Industries Ltd. Cipla Ltd. , The Court rejected these arguments of urgency and public interest as having no bearing on the adjudicatory question before it.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

JIPL Online

FEBRUARY 25, 2021

The key to controlling one’s own music is to control one’s “master” recording, which is the original sound recording of a song. [3] 3] The copyright in a sound recording is distinct from the other copyrightable aspects underlying the musical composition, such as the copyright in the music, beat, lyrics, word, or other underlying content. [4]

Music 98

Music Ownership Copyright Law Contracts 98

Technology & Marketing Law Blog

JULY 6, 2022

The Sixth Circuit has adopted an idiosyncratic test for when a government employee’s actions are personal or official: the test is whether the official is “performing an actual or apparent duty of his office,” or if he could not have behaved as he did “without the authority of his office.” Lindke sued for First Amendment violations.

Government 70

Government Social Media Litigation Law 70

Copyright Lately

MAY 13, 2022

Pay Attention to Me! To be clear, this bill is nothing more than performative theater which is not going and never was intended to go anywhere beyond a few fundraising emails. “Today I’m introducing legislation to strip ? Neither is 1948’s The Babe Ruth Story. Psst, Gene: the “secret” is U.S. Code, Title 17.

Reporting 121

Reporting Copyright Public Domain Marketing 121

Technology & Marketing Law Blog

OCTOBER 29, 2023

I hope you enjoy these 2,800 words on legal topics you assumed were definitively resolved over a dozen years ago.] Introduction This lawsuit is one of the many lawsuits around the country brought by conservatives exorcising their persecution complex. Typically, these lawsuits are purely about partisanship. The evidence for this was scant.

Marketing 111

Marketing Marketing Social Media Law 111

43(B)log

OCTOBER 13, 2021

The film combined the burlesque performances “with cultural commentary on topics such as gender, sexuality, and the artistic process,” and incidentally captured a dancer’s use of the song as background for her performance. 20-cv-7103 (JGK) (S.D.N.Y.

Fair Use 83

Fair Use Music Marketing Marketing 83

Technology & Marketing Law Blog

MAY 19, 2023

A magalicious opinion that addresses the same basic topics as the more recent Kennedy v. Omegle.com, LLC , 2023 WL 1470269 (D. A rough FOSTA ruling despite the Reddit precedent. A sampling: Defendant could make changes that would minimize predators’ access to children. It does not. ” __ FTC v. Roomster Corp. 2023 WL 1438718 (SDNY Feb.

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Social Media Advertising Advertising Designs 126