2019 Contracts Licensing Public Domain 
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.
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.
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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.
Technology & Marketing Law Blog
DECEMBER 15, 2021
To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. 2019 WL 13109708 (S.D. assertions.
Kluwer Copyright Blog
APRIL 20, 2022
Accordingly, the proposed right is intended to incorporate the entire catalogue of copyright exceptions, the Swedish freie Benutzung provision in section 4, uses of unprotected content (for example which are in the public domain) and licensed uses (Ds 2021:30, pp. But there is more.
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.)
SpicyIP
JANUARY 2, 2022
This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].
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