Velocity of Content

APRIL 25, 2023

Let’s not put ourselves or our clients at risk,” Jennings advised. Those factors are considered when the rightsholders determine whether to grant the license and at what cost. It’s important to share with each publisher how you intend to reuse the figure.

Licensing 98

Licensing Copyright Publishing Contracts 98

Velocity of Content

APRIL 2, 2024

This effort can be further impacted when factoring in any navigation of licensing necessary to use the data. It simplifies the extraction of scientific knowledge so data science teams can focus on completing their projects while minimizing time-consuming manual tasks and reducing legal risks.

Licensing 75

Licensing Business Publishing Marketing 75

TorrentFreak

MARCH 2, 2023

The “repeat infringer” issue remains a hot topic in U.S. Internet providers face damages claims reaching hundreds of millions of dollars, while tens of thousands of Internet subscribers risk having their accounts terminated. A summary of these irrelevancy factors is shown in the table below, which accompanied Reddit’s objection.

Privacy 127

Privacy Copyright Infringement Copying Copyright 127

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. See [13], [21].

Litigation 98

Litigation Patent Marketing Marketing 98

The IPKat

JULY 9, 2022

The conference, which from now on will be a yearly event, was excellent: during the two days of proceedings, over 50 speakers covered topical issues and recent case law spanning all substantive IP rights: not just trade marks designs and geographical indications (all areas over which the EUIPO does have competence), but also copyright and patents.

Registration 98

Registration IP Designs Design 98

43(B)log

MARCH 25, 2024

Moreover, the government may not demand a private party “undertake contextual analyses, weighing and balancing many factors. Thus, at most, the emotional response of viewers is incidental to their retention of information about the health risks.” First, the warnings were “purely factual.” What is factual? Well, it’s not an opinion.

Advertising 64

Advertising Advertising Social Media Government 64

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 48

Art Business Patent Settlement 48

The TTABlog

JANUARY 24, 2022

C]ourts exercise particular caution when extending protection to product designs because such claims present an acute risk of stifling competition." The Board applied the Converse factors to make it determination. I blogged some thoughts on this topic a few years ago [ here ], although I did not include a discussion of "genericnes."

Designs 52

Designs Design Registration Music 52

Corsearch

FEBRUARY 15, 2024

Establish rules for employees and partners to maintain a consistent and positive brand image and ensure they are aware of potential brand risks. Our keyword search framework allows for precise parameter adjustments, staying ahead of evolving risks and infringements.

Branding 59

Branding Brands Branding Social Media 59

The IPKat

APRIL 25, 2024

Since we last wrote for the IPKat on the topic , additional posts have discussed the Science, Innovation and Technology Select Committee’s inquiry into the impact of AI on the creative industries and the UK House of Lords Inquiry into Large Language Models.

Contracts 76

Contracts Artistic Work Copyright Copyright Law 76

LexBlog IP

JANUARY 31, 2023

But how does this factor into the world of intellectual property? Patent Protection Patentability of software has been a hot topic for the better part of 50 years. Will conventional art one day be created by computers from beginning to end? Will the Oscars have different awards for human versus AI-created content?

IP 52

IP Copyright Law Copyright Intellectual Property 52

The IPKat

NOVEMBER 29, 2021

The recently issued conclusion (of 8 October 2021) by the Attorney General to the Dutch Supreme Court is worth discussing, as it gives an insightful analysis of a difficult topic: what are the limits to parody? The A-G considers a commercial motive behind the use of one’s image as a relevant, albeit it not deciding factor.

Law 70

Law Copyright Law Advertising Advertising 70

LexBlog IP

MAY 2, 2023

Additionally, on January 23, 2023, the National Institute of Standards and Technology (“NIST”) released the first version of its “ Artificial Intelligence Risk Management Framework ” (“AI RMF 1.0”). This Guidance covers some important topics. ” AI RMF 1.0

Government 52

Government Business Copyright Licensing 52

Kluwer Copyright Blog

MARCH 2, 2022

All these constraints, if very diligently followed, risk restraining excessively the free and creative choices of the human journalist. Next, we carried out a targeted empirical analysis of selected European NLG service providers under various factors. Business perspectives. Media and communications perspective.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

Kluwer Copyright Blog

MARCH 14, 2022

Lacking relevant solutions in international treaties and with the general topic still being debated in international fora , the UK is one of few national jurisdictions that have already provided for CGW protection. Attaching to that output long term proprietary claims risks paralysing the public domain. or should they go?

IP 60

IP Public Domain Copyright Intellectual Property 60

SpicyIP

NOVEMBER 8, 2023

For context, these trials are conducted by pharmaceutical companies as R&D to, evaluate the efficacy, risks, and health benefits of new drugs/components. This decision should be made on a careful assessment of several objective factors. and Class 5.2 Read Anupriya’s excellent post here.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

APRIL 27, 2022

This is a great segue to the next topic which is injunctive relief. In contrast, injunctive relief is only available when there is a likely risk of irreparable harm and money damages are not enough to make one party whole. This is due to two factors (1) inherent distinctiveness; and (2) their previous non-existence.

Trademark 52

Trademark Branding Brands Branding 52

IP and Legal Filings

JANUARY 15, 2024

The act, which was passed to protect the rights of female employees and to ensure their physical and financial security during maternity, has been amended to take modern societal standards and economic factors into account. It also covered topics including job security and workplace discrimination against expectant workers.

Law 80

Law Government Publishing Business 80

TorrentFreak

JUNE 9, 2022

More than half (55%) mentioned cost as the primary factor, followed by a lack of availability, which 25% cited as the main reason. In response to this question, most people (53%) mentioned the risk of running into viruses and malware as the main reason. Reasons to Pirate.

Intellectual Property 138

Intellectual Property Reporting Music Copyright 138

Technology & Marketing Law Blog

JUNE 20, 2023

This is the familiar four-factor test for fair use. In copyright opinions, courts routinely discuss the four factors in numerical order before reaching a conclusion. (In Barton Beebe’s empirical work on this topic. Before 2020, the Supreme Court decided only four fair use cases. In the first, Sony Corp. of America v.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Kluwer Copyright Blog

FEBRUARY 8, 2023

In this upcoming paper, this author takes a different approach to this hot topic. To that end, the EU would typically introduce secondary copyright legislation whenever the differences between national laws risk interfering with the free movement of goods and services.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

Velocity of Content

DECEMBER 6, 2023

On the assumption that readers might be interested in this topic and less interested in reviewing all the responses, I have pasted below a selection of questions and answers from Copyright Clearance Center’s (CCC’s) own response. The courts will also look very closely at market harm under the fourth factor. Acuff-Rose Music, Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

TorrentFreak

JULY 13, 2022

Internet terminations are not the only topic of concern. “Plaintiffs’ contractual relations with their artists and songwriters, and aged disputes about those contracts, are not relevant to any claim or defense, nor to any statutory damages factor,” the companies inform the court. Spying, Price Fixing, and Exploitation.

Music 141

Music Contracts Copyright Infringement Copying 141

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.

Publishing 130

Publishing Contracts Art Copyright 130

Technology & Marketing Law Blog

JUNE 22, 2023

Instead, the CJPA takes an asinine, ineffective, unconstitutional, and industry-captured approach to this critical topic. Broadcasters qualify as DJPs if they: have the specified FCC license, engage journalists (like the factor above), update content at least weekly, and have error correction processes (like the factor above).

Journalism 89

Journalism Social Media Publishing Government 89

Technology & Marketing Law Blog

APRIL 30, 2022

On Twitter and elsewhere, Berenson downplayed the risks of COVID and questioned the safety of the COVID vaccines. Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. Two factors help explain this aberration. ” Contract Breach/Promissory Estoppel. .

Social Media 106

Social Media Contracts Government Publishing 106

The IPKat

DECEMBER 29, 2023

Findings on specific issues and topics Data regarding the stack Data regarding the stack could not be obtained directly from ETSI. This Kat’s notes on the Judgment has two parts: the second part will concern the FRAND Question and this first part contains everything else.

Patent 78

Patent Litigation Marketing Marketing 78

LexBlog IP

APRIL 15, 2022

The standard for art auctions, for example, covers a wide range of topics, ranging from lots collection to catalogue compilation, from industry terminology to best practices for auctioneers. Two factors are essential to their success: timing and authenticity. The regulation of galleries is even less strict.

Art 52

Art Marketing Marketing Artwork 52

Technology & Marketing Law Blog

FEBRUARY 20, 2022

Consideration must be given to the larger factors, such as homelessness or financial instability, that contribute to youth themselves posting advertisements for sex. 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

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. are finally de4termined.

Licensing 52

Licensing Technology Intellectual Property Patent 52

Kluwer Copyright Blog

JUNE 21, 2021

But one topic has hardly been addressed so far: the international application of Art. The most important factors/indications to determine whether an offer is targeted at the public of a particular EU Member State include: Awareness that the public in that EU Member State is using the content. 17 DSM Directive was introduced in 2019.

Art 85

Art Law Related Rights Marketing 85

LexBlog IP

JULY 21, 2021

Since it cannot be invented around and because it is unlikely that the first to make a discovery will have the technical capacity and resources to fully exploit it, patents on nature risk preempting further innovation. So a lot is implied in, or possible from, the title ( as is often my intent on this blog ).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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. The cultural background of harassment and abuse originates from the presence of power imbalances tied to various social and personal factors, leading to discrimination.

Reporting 68

Reporting Journalism Government Law 68

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

In particular, FDA flagged as false or misleading Amgen’s claims in the advertisement that “In a Real-World Study with nearly 11,000 patients Pegfilgrastim PFS resulted in a significantly higher risk of FN [(febrile neutropenia)] vs Onpro ®.” Ass’n for Accessible Medicines v. Becerra , 822 F. App’x 532 (9th Cir.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

DECEMBER 31, 2022

These models included specific biophysical complexity of an individual patient’s cardiac pathology, factoring in cellular- and organ-level properties. The National Library of Medicine (NLM) has also reported on the topic of AI in radiotherapy , where AI can be applied to images (e.g., Radiotherapy and Radiology.

Intellectual Property 52

Intellectual Property IP Technology Privacy 52

Technology & Marketing Law Blog

MAY 5, 2024

The topic is a doctrinal morass because many details can affect the analysis. What topics does the account discuss? The Supreme Court’s Test The court unanimously holds: When a government official posts about job-related topics on social media, it can be difficult to tell whether the speech is official or private.

Social Media 64

Social Media Government Designs Design 64

LexBlog IP

MAY 22, 2023

The policy statement includes a non-exhaustive list of six factors the FTC may consider: Failing to assess foreseeable harms to consumers before collecting biometric information. Failing to promptly address known or foreseeable risks. .” What exactly does that mean in this context?

Privacy 52

Privacy Technology Business Law 52