Kluwer Copyright Blog

JANUARY 23, 2024

It does seem like the topic of AI and copyright was everywhere in the copyright world last year. While some digital topics have been known to cause a great commotion in copyright circles only to later sink practically without a trace, unless I am mistaken, the issue of the copyright implications of AI is different.

Copyright Infringement 124

Copyright Infringement Copyright Law Journalism 124

Erik K Pelton

JULY 14, 2022

.” Well, number one is you’re still probably ultimately responsible for any copyright violations. There are web-based fighters and robots that will go out in search for photos that are owned by photographers or by copyright licensing clearing houses, and they will find it eventually and they will send you a demand letter.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

LexBlog IP

DECEMBER 23, 2021

This is the time of year for thought pieces reflecting on the past year or so to speculate on the hot topics for next year. The most common violation on the list is that a company’s privacy policy was non-compliant with CCPA requirements. Of the 27 cases cited, at least 16 had some form of privacy policy violation.

Privacy 58

Privacy Business Intellectual Property 58

SpicyIP

MAY 3, 2023

Views expressed here are those of the author’s] As previously discussed in Part I , Indian courts appear to employ a combination of the subjective and objective tests in determining a violation of the integrity right. Further, this argument is also reliant on the level of subjectivity employed by the courts in assessing a violation.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

Technology & Marketing Law Blog

MARCH 2, 2023

Breaching acceptance of this clause by buyer can and will deem monetary compensation benefits to Ideal Horizon Benefits, LLC/Solar Titan USA. Solar Titan admitted the violation but argued that (1) it didn’t realize the clause broke the clause, and (2) counsel had blessed it. This is an easy case. ” Case citation : State v.

Contracts 61

Contracts Social Media Business Blogging 61

Technology & Marketing Law Blog

JULY 17, 2021

Instead, judge simply says the Second Circuit hasn’t addressed the topic. Some related blog posts: Domino Pizza’s Website Violated the Americans With Disabilities Act (ADA)–Robles v. Will the Floodgates Open Up for Americans with Disabilities Act (ADA) Claims Against Websites?–National Case citation : Suris v. Gannett Co.

Blogging 126

Blogging Television Publishing Advertising 126

Technology & Marketing Law Blog

JANUARY 19, 2023

Third, this lawsuit overlaps the broader censorial efforts to impose liability for social media addiction, including an MDL on that topic in the Northern District of California. I’m sure this opinion will be appealed. ” The defendants successfully defend on Section 230 grounds. ICS Provider. Case citation : Bride v.

False Advertising 86

False Advertising Social Media Publishing Advertising 86

TorrentFreak

MARCH 2, 2023

The “repeat infringer” issue remains a hot topic in U.S. “My attorney and I are both under the assumption that the court will side with Reddit, and that the motion to compel will be denied,” the Redditor says, warning that the alternative will set a dangerous precedent.

Privacy 127

Privacy Copyright Infringement Copying Copyright 127

Corsearch

FEBRUARY 15, 2024

In this guide, we will: Share the common scams on X/ Twitter you need to be aware of. Identify the type of infringement X/ Twitter prohibits users from violating others’ intellectual property rights, and has policies in place against counterfeit infringement , trademark infringement , copyright infringement and impersonation.

Branding 59

Branding Brands Branding Social Media 59

SpicyIP

JANUARY 1, 2024

Canvas Communication , the court, held that Section 33 will not restrict the rights of the copyright holder to demand a license for exploitation of their sound recordings, thus granting an ad interim injunction against the defendant. The court rejected the defendant’s argument and relying on Phonographic Performance Limited v.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

TorrentFreak

APRIL 7, 2023

“He testified that he was aware that by uploading works without the permission of the copyright owners, he was violating some legal standards, but he did everything mainly because he liked music. However, until we achieve that, we will fight in courts over interpretation and enforcement of the law,” the operators said at the time.

Music 125

Music Government Copyright Infringement Copyright 125

TorrentFreak

JULY 28, 2022

However, the record labels fear that this line of thought will confuse the jury. However, the company can’t freely argue that such disconnections are a human rights violation. Given the topics at hand and the millions in damages at stake, the upcoming trial will be a crucial one.

Music 136

Music Copyright Contracts Copyright Law 136

Trading Secrets

OCTOBER 24, 2022

In the seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth attorneys will focus on trade secret and client relationship considerations in the banking and financial services industry. Credit will be applied for as requested for TX, GA, WA, NC and VA. This webinar is accredited for CLE in CA, IL, NJ, and NY.

Confidentiality 40

Confidentiality Business Intellectual Property 40

LexBlog IP

OCTOBER 24, 2022

In the seventh installment of the 2022 Trade Secrets Webinar Series, Seyfarth attorneys will focus on trade secret and client relationship considerations in the banking and financial services industry. Credit will be applied for as requested for TX, GA, WA, NC and VA. This webinar is accredited for CLE in CA, IL, NJ, and NY.

Confidentiality 40

Confidentiality Business Intellectual Property 40

Plagiarism Today

OCTOBER 4, 2022

However, it did inspire more litigation in this space and, according to reports, kept many lawyers busy answering calls on the topic. Humans Will Try to Game It: When you make a bot a gatekeeper, humans will immediately try to game it by finding loopholes in the bot’s algorithm. You can see all three of these issues on YouTube.

Copyright 250

Copyright Music Litigation Plagiarism 250

TorrentFreak

NOVEMBER 18, 2022

“We deliberately violate the copyright law in most countries. The privacy angle is a topic that has become very relevant this week. This year a new team entered the piracy arena in the form of the Pirate Library Mirror. As the name suggests, the team behind it is well-aware of the legal status of their operation. Leave No Trace.

Privacy 145

Privacy Copyright Law Copying Copyright 145

Patently-O

AUGUST 30, 2022

But, Genius does require its users to agree to an extensive contractual agreement that includes a promise that the user will not commercially reproduce, copy, or distribute any portion of the Genius service. The case ties in directly to lots of academic work on the topic. Original NY Complaint. Petition for Cert. Zeidenberg , 86 F.3d

Copyright Law 78

Copyright Law Copyright Law Contracts 78

TorrentFreak

MAY 15, 2023

The use of lawsuits to solve complex commercial disputes suggests that no amount of talking will ever produce the desired results. Gearing Up For Trial The trial will play out at the U.S. YouTube’s brief states that the plaintiffs contend they will prove “317 separate acts of infringement” before the jury.

Copyright 130

Copyright Intellectual Property Business Licensing 130

LexBlog IP

APRIL 11, 2022

The title of this series is an homage to the great Lesley Fair, who launched and authors many of the best of the FTC’s business blogs and who coined this term in her blog reviewing 2013 cases on the same topic. detailing previous administrative cases involving violations of the Textile Act. One group paid $1.26

Settlement 52

Settlement Blogging Branding Brands 52

LexBlog IP

JULY 8, 2022

The “anti-tying” section of the act generally prohibits warranty provisions that provide that a consumer will lose warranty coverage if they don’t use company parts for repair unless the company also provides those parts free of charge. Right to repair is indeed a hot topic in 2022.

Reporting 52

Reporting Designs Design Branding 52

LexBlog IP

NOVEMBER 30, 2023

CIDs are legal requests for information or documents that the FTC uses to investigate potential consumer protection or antitrust law violations. The FTC has previously issued guidance and reports on these topics and brought enforcement actions against companies that misused or misrepresented their AI capabilities.

Privacy 40

Privacy Business Technology Reporting 40

Technology & Marketing Law Blog

MAY 13, 2024

This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. And it will pave the way for many more similar opinions in the future. — Bright Data has long sold the data of all the major social media companies.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

TorrentFreak

OCTOBER 21, 2022

The opinion of AG Szpunar compares the current case to existing EU jurisprudence on hyperlinks, concluding that a streaming service doesn’t violate the law when subscribers bypass its geo-blocking efforts. As soon as new measures are implemented, people will find ways to route around them. Streaming Service Not Liable.

Copyright Infringement 110

Copyright Infringement Copyright Licensing Privacy 110

TorrentFreak

JULY 27, 2023

It’s a fairly sensitive topic, to put it mildly. Both had obvious topic tags and were very easy to find from the beginning. ” As the image above shows, the scripts in question were uploaded to GitHub roughly three weeks ago. .” The first and second repo were both created on July 8, approximately six minutes apart.

Intellectual Property 93

Intellectual Property Publishing Copyright Reporting 93

Velocity of Content

AUGUST 9, 2022

Second, the Supreme Court will focus on the definition of “transformative,” which is part of all courts’ consideration of the first fair use factor (the nature and character of the use). What is “transformative” has been a hotly debated topic for years. Developing a clearer line in this area could be quite valuable. .

Fair Use 98

Fair Use Derivative Work Licensing Art 98

LexBlog IP

MARCH 14, 2023

” Second, in 2022, we saw the FTC (along with the Department of Justice) bring an action against Burgerim alleging violations of the FTC’s Franchise Rule as well as of the FTC Act. And it covers quite a wide range of topics and questions , including: The ability of franchisees to negotiate terms of franchise agreements.

Contracts 52

Contracts Business Government Litigation 52

Technology & Marketing Law Blog

OCTOBER 5, 2021

Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” “While not entirely on topic, this comment also abided by the page’s terms and conditions.” ” The Facebook page administrator initially deleted the comment.

Social Media 106

Social Media Government Designs Design 106

LexBlog IP

JUNE 21, 2023

Certain NIL violations would be treated as unfair and deceptive acts under the Federal Trade Commission Act. Additionally, the NCAA could refer violations to the FTC for further action. The issue of employment status for college athletes has become a highly debated topic, with California being at the forefront of the discussion.

Law 40

Law Contracts Licensing Reporting 40

IIPRD

APRIL 13, 2023

In India, the topic of criminal punishment for copyright infringement has generated considerable controversy. In actuality, India is not required under the TRIPs agreement to make all copyright violations crimes. While every instance of “piracy” constitutes a violation of copyright laws, not all violations do so.

IP 52

IP Copyright Infringement Copyright Government 52

The IP Law Blog

MAY 5, 2022

Given the exams were part of a business law class that included the topic of copyright infringement, the professor’s attorney found the copying ironic. Others rely on the integrity of the students and the honor code of their schools, hoping students will not risk failing the class or being kicked out, if they are caught cheating.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

LexBlog IP

MAY 2, 2023

And the Federal Trade Commission (FTC) has been blogging fast and furiously – one could say obsessively – about the hot topic of generative artificial intelligence (AI). But if you are involved with marketing or the provision of new and exciting AI tools, take a close look at the FTC trilogy of blog entries on the topic.

Blogging 52

Blogging Privacy Marketing Marketing 52

SpicyIP

MARCH 26, 2024

Relevantly, it states that “Insistence upon such permissions/NOCs from copyright societies is in violation of section 52(1)(za) of Copyright Act 1957 and is adversely affecting not only the citizens but also the economic/tourism activities in the State.” Well … ‘tis just a glimpse of the long-going discussion on the topic.

Music 64

Music Copyright Copyright Infringement Blogging 64

SpicyIP

JUNE 17, 2022

Another topic of concern that this news story gives us time to ponder over, is the treatment of trademarks in the Indian insolvency process. So much so, promoters, have in the past tried to ‘siphon out’ trademarks, to remove them from the insolvency process, in violation of the IBC. Are there more mistakes in the TMR’s list?

Trademark 126

Trademark Social Media Branding Brands 126

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

43(B)log

JULY 20, 2023

for deceptive advertising of dietary supplements in violation of the FTCA and the COVID-19 Consumer Protection Act. Publications “designed to convey the point that consumption of a particular product [will convey a health benefit] are clearly likely to induce the purchase of that product.” Nepute, 2023 WL 4623089 , No.

Government 52

Government Advertising Advertising Social Media 52

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

IP and Legal Filings

FEBRUARY 5, 2024

Over the course of the late 1980s and early 1990s, unethical business activities and dubious corporate policies plagued the global corporate sector, giving rise to the topic of corporate governance. The nomination committee will then consider the evaluation report before deciding the independent director’s reappointment.

Government 73

Government Business Reporting Confidentiality 73