Plagiarism Today

OCTOBER 21, 2021

First off today, Diane Haithman at TheWrap reports that filmmakers Spike Lee and Nate Parker have been sued for copyright infringement over allegations that their 2019 Film American Skin is an infringement of an earlier screenplay. They allege that American Skin copies elements from their 2017 screenplay, A Routine Stop.

Copyright Infringement 202

Copyright Infringement Social Media Publishing Licensing 202

Plagiarism Today

AUGUST 30, 2022

Handling citation after one has finished writing a piece opens the door to serious mistakes, including passages that were copied but not quoted, missing citations and forgotten sources. One of the major changes in the past decade has been the rise of contract cheating. However, that is not the case. 2: Avoid Free Plagiarism Checkers.

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Plagiarism Contracts Copying Editing 232

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 136

Contracts Registration Litigation Copying 136

Plagiarism Today

NOVEMBER 17, 2021

They are a way to sell “unique” copies of digital works but do not transfer any rights. Nonetheless, Mirimax claims to hold all the copyrights and trademarks related to the film, prompting them to file a lawsuit for breach of contract, copyright infringement, trademark infringement and unfair competition.

Non-Fungible Tokens 160

Non-Fungible Tokens Copyright Infringement Publishing Television 160

Kluwer Copyright Blog

JULY 27, 2022

Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Source: European Copyright Society. Digital and Cross-Border Teaching Activities (Article 5). Preservation of Cultural Heritage (Article 6).

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Copyright Marketing Marketing Copyright Law 98

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. Amazon updated the TOS in 2019 to make explicit that arbitrability would be decided by an arbitrator, and it emailed the drivers the new TOS. We have previously observed the importance of notice in the analogous context of electronic consumer contracts. It did not do so.”

Contracts 105

Contracts Copying Technology Licensing 105

TorrentFreak

JULY 1, 2024

These include Mod Chips and the “MIG Switch,” a memory card that allows people to play pirated copies of Nintendo Switch games on authentic consoles. “Defendant not only offers the hardware and firmware to create and play pirated games, but he also provides his customers with copies of pirated Nintendo games,” the complaint reads.

Cease and Desist 145

Cease and Desist Copying Copyright Infringement Copyright 145

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

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. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

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Blogging Contracts Copyright Law Copyright 98

LexBlog IP

DECEMBER 21, 2023

Slaughter for the Central District of California granted motions for summary judgment against a screenwriter’s claims that the creation of Ad Astra , the 2019 Brad Pitt film, had infringed on a script he had written. [1] Phillip Madison Jones, the screenwriter, sued Twentieth Century Studios, The Walt Disney Co., et al , Case No.

Copying 52

Copying Contracts Copyright Infringement Television 52

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. As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. In November 2023, X corp.

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Blogging Contracts Cease and Desist Social Media 123

TorrentFreak

SEPTEMBER 7, 2022

In 2019, Cox Communications was ordered to pay a billion dollars in damages to record labels. According to the plaintiffs, IP addresses allocated to Verizon/Cellco Partnership were monitored by anti-piracy tracking outfit Maverickeye downloading and sharing pirate copies of their movies. Hundreds of Thousands of Infringements.

Copyright Infringement 140

Copyright Infringement IP Copying Reporting 140

TorrentFreak

SEPTEMBER 19, 2022

May, who played Destiny 2 and agreed to its Limited Software License Agreement (LSLA) in the fall of 2019. This older copy is the one presented by Bungie as evidence. This didn’t stop Bungie from accessing Mr. May’s computer on several occasions between 2019 and 2021, as evidence gathered through discovery suggests.

Copyright Infringement 124

Copyright Infringement Copyright Copying Licensing 124

Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

Artwork 98

Artwork Contracts Ownership IP 98

TorrentFreak

JANUARY 31, 2023

They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content. A copy of the agreement is offered as evidence and signed by Kumar. Millions + Pornhub.com Goodporn accuses MG Premium of unfair business practices and breach of contract.

Copyright Infringement 115

Copyright Infringement Contracts Ownership Copyright 115

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Portability as a Consumer Contract Remedy. Unlike the GDPR, the Directives do not provide for a right to have the content sent directly to a new co-contracting party of the consumer’s choice. In sum, the effectiveness of the portability right as a consumer contract remedy is likely to be even more limited than that in the GDPR.

IP 93

IP Contracts Social Media Copying 93

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 20 provides for a mechanism to adjust the financial situation if the exploitation of the work ultimately shows that the initial contract is not fair for the author. It is possible to assess the damage suffered by the author under the unfair contract by reference to the practices of the sector (Court of Appeal of Paris, 15 May 1987).

Contracts 96

Contracts Intellectual Property Cinema Copying 96

TorrentFreak

JANUARY 31, 2023

They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content. A copy of the agreement is offered as evidence and signed by Kumar. Millions + Pornhub.com Goodporn accuses MG Premium of unfair business practices and breach of contract.

Copyright Infringement 98

Copyright Infringement Contracts Ownership Copyright 98

Kluwer Copyright Blog

JUNE 16, 2021

In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘ Happier ’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band).

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Music Copyright Law Copyright Law 98

The IP Law Blog

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

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Contracts Law Artwork Copyright 96

Technology & Marketing Law Blog

DECEMBER 6, 2022

hiQ Labs has been dormant and effectively insolvent since 2019. In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. when they were decided. But scratch the surface, and this appears to have been a Pyrrhic victory.

Blogging 98

Blogging Contracts Litigation Law 98

TorrentFreak

DECEMBER 4, 2023

The movie companies allege a breach of contract but note that due to the defendants’ alleged accounting deficiencies, they are unable to put an exact figure on the amount Hierl and his law firm failed to pay. Overall, Millennium believes that there is an enforceable contract and it’s owed $130,000 in collected settlements.

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Settlement Reporting Intellectual Property Contracts 121

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. Lack of good libraries even within an institution is the most common problem seen across our country. Way Forward.

Copyright 98

Copyright Licensing Higher Education Copying 98

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. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

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Copyright Art Licensing Contracts 118

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Design Designs Copyright Law 62

TorrentFreak

NOVEMBER 8, 2022

The hosting company and its owner were indicted by a grand jury in Charleston, South Carolina in 2019, and stand accused of a scheme to fraudulently obtain IP addresses from ARIN. The filmmakers are also assigned any third-party contract breach claims the hosting company has against its clients. Brooke Jackson, is available here (pdf).

Copyright Infringement 105

Copyright Infringement IP Copyright Contracts 105

Copyright Lately

MAY 7, 2021

In 2019, Warner Bros. Deciding the merits of Duthie’s claims is ultimately going to require a court to interpret a slew of contracts, assignments, judgments and other chain-of-title matters going back nearly a hundred years. Here’s a quick update on a case I first wrote about back in November involving Rin Tin Tin.

Ownership 85

Ownership Copyright Copyright Law Television 85

The IPKat

FEBRUARY 3, 2023

In 2019, however, two new mandatory EU-wide exceptions for TDM were adopted as part of the DSM Directive [I analyze and discuss them in detail in my Commentary here ]. The introduction of a specific E&L for TDM has also featured in Hong Kong copyright reform discourse [see IPKat here ].

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Government Related Rights Copyright Law 141

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

IP and Legal Filings

APRIL 8, 2023

Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

Privacy 96

Privacy Law Intellectual Property Music 96

The IPKat

MAY 12, 2023

The UK proceedings meanwhile were commenced in September 2019 alleging that Mr Aughton copied or otherwise made use of the PQ software ProSPC when he wrote InSPC v1 and v2 (either by use of automatic translation software, or manually, or a combination of the two).

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

Michael Geist

DECEMBER 3, 2024

The filing literally says “ the full particulars of when, from where, and exactly how, the Works were accessed, scraped, and/or copied is within the knowledge of OpenAI and not the News Media Companies.” which used WebText , a data set that traces back to 2019. This isn’t me speculating.

Settlement 84

Settlement Copyright Licensing Copyright Infringement 84

LexBlog IP

OCTOBER 28, 2021

Automotive data and software company CDK Global LLC (CDK), filed suit in 2019 against the Arizona Attorney General in the U.S. However, the Ninth Circuit disagreed and said that it would be possible for CDK to comply with this law without having to create a new copy of its software for these third-party requests.

Privacy 40

Privacy Copying Contracts Law 40

The IPKat

MAY 18, 2024

In March 2019, Mr T noticed that a still from his short film had been extracted and modified for use on all ECAR CAMPUS's media. In these circumstances, on 5 June 2019, Mr T brought a claim against ECAR CAMPUS for copyright infringement before the Tribunal judiciaire of Lyon (TJ). It also confirmed that Mr T was its author.

Moral Rights 62

Moral Rights Cinema Copyright Infringement Copyright 62

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. 2019 WL 13109708 (S.D. Accordingly, the evidence presented by Signal 23 shows that it suffered harm of at least $35,000.00 Serca Discos, Inc.,

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Registration Fair Use Copyright Design 132

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 45

Copyright Copying Music Fair Use 45

Kluwer Copyright Blog

JANUARY 16, 2023

The reason for this was the implementation of the DSM Copyright Directive 2019/790/EU (DSMD) and Directive 2019/789/EU (Online SatCab Directive). Part 1 discusses changes to copyright contract law and the new text and data mining exemption provisions. Changes to copyright contract law (Sections 32 et seqq.

Copyright 52

Copyright Contracts Copyright Law Law 52