Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses).

Copyright 126

Copyright Art Licensing Contracts 126

Plagiarism Today

SEPTEMBER 28, 2021

Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol. Goldsmith became aware of the series after Prince’s death in April 2016 and that resulted in the lawsuit. The case actually went back to 1981, when Goldsmith took the photos of Prince.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

The IPKat

OCTOBER 28, 2021

Not for the first time in connection with a public procurement tender, an unsuccessful bidder then files with the contracting authority a request for examination of the documentation submitted by the successful bidder, this to evaluate the propriety of the award process, with an eye towards possibly challenging it through legal proceedings.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows. Copyright Law and DRM.

Copying 145

Copying Social Media Licensing Technology 145

SpicyIP

JULY 25, 2023

In both disputes, Justice Vibhu Bakhru of the Delhi High Court (DHC) had ordered that the Competition Commission of India (CCI) can intervene in patent licensing disputes under Sections 3 and 4 of the Competition Act – first in 2016 ( Ericsson v. CCI ) and then again in 2020 ( Monsanto v.

Patent 98

Patent Licensing Invention Marketing 98

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 2016) 245 Cal.App.4th

Blogging 116

Blogging Contracts Law Privacy 116

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch? 75, (Cambridge University Press, 2021). [2] 2d 511 (9th Cir.

Non-Fungible Tokens 98

Non-Fungible Tokens Government Law Ownership 98

Technology & Marketing Law Blog

MARCH 29, 2022

She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions. ” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. ” Products Liability. Implications.

Contracts 122

Contracts Advertising Advertising Confidentiality 122

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. It is thus very much in line with the spirit of Title IV, arts. of the Directive. A new para 2 to art. On the other hand, art.

Publishing 132

Publishing Contracts Art Copyright 132

Technology & Marketing Law Blog

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. At the time of passage, I’m not sure how many businesses were actually using contracts to control their customers’ reviews, but it was a growing trend.

Contracts 81

Contracts Social Media Business Blogging 81

The IP Law Blog

MARCH 23, 2023

Evox Productions creates and licenses images of cars. In 2003, it licensed its images to Chrome Data Solutions, LP, for a five-year period. Evox also tried to argue that because the license agreement with Chrome had expired years earlier, the provision shortening the statute of limitations period no longer applied.

Copyright Infringement 98

Copyright Infringement Copyright Licensing Intellectual Property 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. dispute back in the Ninth Circuit in 2016. Breach of Contract 2. Tortious Interference with a Contract 3. Power Ventures, Inc. Facebook v.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Patently-O

JULY 7, 2022

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). The Litigation.

Licensing 89

Licensing Contracts Patent Law 89

IP and Legal Filings

JULY 16, 2024

According to the World Intellectual Property Organization (WIPO) , “trade secrets are intellectual property rights on confidential information which may be sold or licensed.” In another scenario a party receiving confidential information would be obligated to keep information confidential even when there was or there was no existing contract.

Confidentiality 96

Confidentiality Contracts Intellectual Property Business 96

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage. “Therefore, her claim fails.”

Copyright 82

Copyright Music Contracts Settlement 82

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. 44 (2016) (noting that a moral right of attribution on all categories of works is recognized in the copyright laws of Berne Convention member States and that it is a U.S.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Technology & Marketing Law Blog

MARCH 28, 2023

Much digital ink has been spilled on online contract formation; much less on online contract termination. Plaintiffs alleged that Facebook and LinkedIn agreed to divvy up the social media market “between 2013 and 2016.” The court dismissed the market division argument on the grounds that it was time barred.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Technology & Marketing Law Blog

JULY 22, 2021

2016); Nat’l Numismatic Certification, LLC v. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.” 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

Kluwer Copyright Blog

MARCH 6, 2023

Studies have shown significant improvement in results from TDM research using full-text articles, which are often behind a paywall or subject to additional licensing, rather than mere abstracts, which are often more freely available. million abstracts. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 126

Copyright Social Media Publishing Licensing 126

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 105

Copying Copyright Law Copyright Social Media 105

Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. Further, Maryland courts allow departing employees to take preparatory actions.

Social Media 98

Social Media Contracts Ownership Business 98

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 56

Licensing Contracts Patent Law Law 56

The IP Law Blog

AUGUST 25, 2022

In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. or other places outside Vietnam.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

SpicyIP

MAY 4, 2023

Background In 2001 Music Broadcast Private Limited, which runs the radio station ‘Radio City’, entered into a license agreement with the Indian Performing Rights Society (IPRS), a copyright society , to utilize its repertoire of literary and musical works for FM radio broadcast. Similarly, in 2006 Rajasthan Patrika Pvt.

Music 98

Music Copyright Ownership Licensing 98

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. ROMERO’S DAWN OF THE DEAD.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

The IPKat

DECEMBER 9, 2022

In 1993, the joint owners agreed to license the use of that trade mark to a company for an indefinite period and free of charge. Subsequently, in 2006, one of the owners sought to terminate that contract against the will of the other owners. A relaxed discussion between IP co-owners. It seems to me that the answer could be yes.

Ownership 52

Ownership Law Contracts IP 52

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

Alkutkar joined Bumble in 2016. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its TOS. In January 2021, Bumble sought to add an arbitration clause to its TOS.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

LexBlog IP

MARCH 23, 2023

Evox Productions creates and licenses images of cars. In 2003, it licensed its images to Chrome Data Solutions, LP, for a five-year period. Evox also tried to argue that because the license agreement with Chrome had expired years earlier, the provision shortening the statute of limitations period no longer applied.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Intellectual Property 52

Intepat

OCTOBER 23, 2024

The transfer of IPRs usually takes place via assignment and licensing agreements. To expedite market entry and avoid delays in formalizing an assignment or license agreement, parties sometimes rely on verbal agreements, which are considered valid under Indian Contract Law. Ohio Willow Wood Co.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

The TTABlog

APRIL 6, 2022

Illyrian began distributing the products in 2016 and established a first use date of July 31, 2016. As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy.

Ownership 52

Ownership Registration Trademark Contracts 52

43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. Before 2016, appeared to be that these multipliers were impermissible punitive damages. In 2016, Leonard v. Lemley: Patent law uses the actual license amount; there’s no reason to use a multiplier when we actually know.

Copyright 45

Copyright Copying Music Fair Use 45

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 40

Marketing Marketing Licensing Patent 40