Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). ML Genius v.

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Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

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Blogging Copyright Contracts Cease and Desist 80

IIPRD

MARCH 4, 2024

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. Sri Sri Ganesh Productions, AIRONLINE 2019 DEL 1017. [2] 2] Novartis v. Cipla, I.A. 24863/2014. [3] 3] Starbucks Corporation v.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

SpicyIP

OCTOBER 27, 2023

Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement. This violates copyright laws and may lead to legal actions for copyright infringement.

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IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Currently, under Quebec’s French-language laws, both registered and unregistered (i.e.,

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IP Copyright Infringement Inventor Intellectual Property 106

IP and Legal Filings

AUGUST 14, 2023

Online marketplaces, such as online auction houses, or websites that advertise their unlawful nature are used to trade or profit from tangible counterfeit or pirated items in every category. Person A makes a copy of the movie on his phone and shares it with his friends. Which law to choose then?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat?

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Copyright Infringement Copyright Intellectual Property Blogging 98

IIPRD

FEBRUARY 27, 2021

The re-recording is happening because Swift’s entire Big Machine Label Group catalog was sold without her knowledge to music manager Scooter Braun in 2019. All copies are made from this recording. Most musicians are familiar with copyright law. A master recording is the original recording of a piece of music.

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Music Branding Brands Branding 40

IP and Legal Filings

APRIL 7, 2023

In spite of the widespread perception that listening to music in any way you like is completely within the law, it’s conceivable that this isn’t always the case. Music Copyright Copyright is a combination of two terms: copy and right. This is something that needs to be done in order to avoid legal issues.

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Music Law Copyright Intellectual Property 52

LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.”

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IP Whiteboard

JULY 19, 2021

Justice Katzmann’s 533 paragraph judgment in Universal Music Publishing Pty Ltd v Palmer (No 2) [2021] FCA 434 makes not only for an entertaining read but demonstrates that Courts will not tolerate those who disregard the regime of copyright protection established under the Copyright Act 1968 (Cth) (the Act ). Key Takeaways.

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Copyright Infringement Copyright Music Publishing 40

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

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Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

MARCH 15, 2022

The EU took the Intellectual Property route by introducing a related right under its copy right law. The Indian press publication industry is investing in digital properties to capture the growth of revenue from digital advertising as the consumption pattern of the news is shifting to digital space. Analysis in Indian Context.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a guest post from Akshat Agrawal on a recent order that raised questions on the extent / limitations of the exemptions and limitations to Indian copyright law. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? You can see his previous posts for us here. In Ashdown v.

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Fair Use Copyright Reporting Licensing 116

Technology & Marketing Law Blog

AUGUST 30, 2021

But much like George Washington’s army, even though Flo & Eddie lost many individual battles, they ultimately won the war, as their quixotic litigation campaign prompted Congress to grant protection to pre-1972 sound recordings equivalent to that provided to newer sound recordings under federal copyright law. 569 (9th Cir.

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Blogging Copyright Settlement Ownership 85

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. Dee (2019) at 119. copyright law.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. Germany has always had an extensive judicial practice in copyright law.

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Moral Rights Law Copyright Copyright Law 52

LexBlog IP

NOVEMBER 30, 2022

Claire Germain, a US law professor, wrote a 2019 article comparing French and US intellectual property law on the question of recipe rights. at 1203 (quoting 4 Nimmer on Copyright § 13.05[A][1][b]). Varsity Brands , 137 S.Ct. ” Belford, Clarke & Co. ” Id.

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IP Intellectual Property Fair Use Trademark 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Previously, a rate of 2% of the Net Advertisement Revenue (NAR) of the earnings of each FM Radio station was fixed for all music providers by the Copyright Board.

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