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.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

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 118

Copyright Art Licensing Contracts 118

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The process of creating a digital asset with a smart contract is called "minting". a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

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]

Non-Fungible Tokens 84

Non-Fungible Tokens Government Law Ownership 84

SpicyIP

JUNE 28, 2023

An earlier excellent post by Swaraj and Anupriya published during the pandemic in 2021, covered the various departmental policies and guidelines governing public funded R&D in great detail. The answer to this can be found only in individual contracts between these public institutions/grantees and the private sector.

Government 98

Government Invention Contracts Intellectual Property 98

TorrentFreak

FEBRUARY 20, 2023

In 2021, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. Sales of the cheats and loader, which effectively bypassed Bungie’s copyright protections, amount to 1,361 copies in total.

Copying 121

Copying Copyright Infringement Copyright Contracts 121

Technology & Marketing Law Blog

OCTOBER 23, 2021

“To the extent the contract pertains to use of Peloton’s Services (e.g., ” The idea is that sometimes nonsignatories get benefits from a contract sufficient to impose the contract terms on them anyways. ” Thus, the nonparties cannot be swept into the contract. That’s Contracts Law 101.

Contracts 118

Contracts Registration Litigation Copying 118

Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. 20-cv-10300 (JSR), 2021 WL 3239510 (S.D.N.Y. July 30, 2021). Is Embedding a Display?

Social Media 140

Social Media Copyright Fair Use Licensing 140

The IPKat

AUGUST 22, 2023

This is a review of Poorna Mysoor ’s Implied licences in copyright law (Oxford University Press, 2021). In chapter one, the book explains the nature of a copyright licence using Hohfeldian analytics , concluding that a licence is not in itself a contract but may be part of a contract.

Copyright Law 52

Copyright Law Copyright Law Contracts 52

The IPKat

FEBRUARY 13, 2022

In 2021, there was a 14.4% DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. The IP blogs have been active over the past week bursting with a wide range of different topics. COPYRIGHT In the U.S.,

Blogging 52

Blogging IP Copying Copyright 52

IPilogue

OCTOBER 13, 2021

Through Twitter, she expressed that she had outlived all her recording contracts and that her master recordings should legally belong to her. When Baker described outliving her contracts, she was referring to her right of reversion , which lets her reclaim her copyright after 35 years. copyright law. Section 203 of the U.S.

Music 59

Music Ownership Contracts Copyright 59

TorrentFreak

JANUARY 31, 2023

MindGeek Sues Goodporn Initially filed in 2021 at a federal court in California, the copyright infringement lawsuit accuses the site and its operator of large-scale copyright infringement. A copy of the agreement is offered as evidence and signed by Kumar. The counterclaims and defense go hand in hand.

Copyright Infringement 83

Copyright Infringement Contracts Ownership Copyright 83

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 79

Privacy Law Intellectual Property Music 79

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 94

Copyright Infringement Copyright Copying Licensing 94

Technology & Marketing Law Blog

AUGUST 31, 2021

Factor three : The entirety of the work was copied. Factor four : The fourth factor also weighs against fair use: Unrestricted and widespread conduct of the sort Defendant engaged in would destroy the market for licensing Plaintiff’s work. July 21, 2021). Aug 18, 2021). The second factor weighs slightly against fair use.

Fair Use 131

Fair Use Journalism Licensing Marketing 131

TorrentFreak

JANUARY 31, 2023

MindGeek Sues Goodporn Initially filed in 2021 at a federal court in California, the copyright infringement lawsuit accuses the site and its operator of large-scale copyright infringement. A copy of the agreement is offered as evidence and signed by Kumar. The counterclaims and defense go hand in hand.

Copyright Infringement 71

Copyright Infringement Contracts Ownership Copyright 71

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

JIPEL Copyright Blog

DECEMBER 1, 2021

1648 (2021). LinkedIn sent a C&D letter, asking HiQ to stop accessing and copying the data based on the User Agreement. Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly.

Contracts 40

Contracts Licensing Copying Confidentiality 40

Copyright Lately

MAY 7, 2021

Jeff Miller and Sasha Jenson—licensed rights to Warner without Duthie’s participation. It’s true that co-owners are required to account to each other for any profits earned from licensing or otherwise exploiting a copyright. Could this be the rare example of a motion to dismiss the plaintiff actually thought was well taken?

Ownership 86

Ownership Copyright Copyright Law Television 86

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Fish attorneys Jenny Shmuel , Philip Chen , and Kayleigh McGlynn authored a Biosimilar Development article, “ Regulatory And Legislative Actions Set The Tone For Biosimilars In 2021.” This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond.

Settlement 40

Settlement Licensing Designs Design 40

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. Larva Labs (the creators of CryptoPunks) employs the Dapper Labs NFT License.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Technology & Marketing Law Blog

DECEMBER 6, 2022

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. LinkedIn’s User Agreement includes a provision that warns users that public data may be copied and used by others. The opinion. Affirmative Defenses.

Blogging 78

Blogging Contracts Litigation Law 78

Kluwer Copyright Blog

JANUARY 4, 2024

CJEU judgments Seven.One, CJEU, C-260/22 Coming from Germany, this preliminary reference concerned broadcasting organisations and their entitlement to fair compensation as a result of private copying.

Copyright Law 69

Copyright Law Law Copyright Reporting 69

Technology & Marketing Law Blog

MAY 2, 2022

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.”. __. 2021 WL 1531172 at 6 (N.D. April 19, 2021). 2021 WL 1531172 at 10 (N.D. April 19, 2021).

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

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. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. 2021 WL 5893161 (S.D.

Registration 113

Registration Fair Use Copyright Designs 113

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Kluwer Copyright Blog

MARCH 14, 2024

Part II will focus on copyright contract law and claims under copyright law. The BGH considers a use of music to involve “grand rights” (to be individually licensed) if the music is an integral, organic component of the dramatic plot and is not merely used for background, accompaniment purposes. This article is divided into two parts.

Law 61

Law Music Copyright Art 61

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more.

Licensing 90

Licensing Copyright Contracts Advertising 90

JIPEL Copyright Blog

MARCH 29, 2022

In effect, the rights acquired by the buyer of the NFT are more akin to a license to a unique copy of the content including things like the right to use, display or transfer the content but may or may not contain the right to commercially benefit from it.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 102

Copying Copyright Law Copyright Social Media 102

JIPEL Copyright Blog

APRIL 23, 2021

Whoever owns the sound recording rights controls the “master,” or the original recording from which every other copy is made. As Adam Block, the former president of Legacy Recordings, told the New York Times: “A master is the truest capture of a piece of recorded music… Every copy thereafter is a sonic step away.”

Copyright Law 45

Copyright Law Copyright Law Music 45

43(B)log

OCTOBER 8, 2021

23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, and blue patriotic insignia with a matching white cape and helmet and a motorcycle adorned by red, white, and blue colors.” K & K Prods., Walt Disney Studios Motion Pictures, No.

Advertising 57

Advertising Advertising Social Media Licensing 57

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. The end of 2021 has been particularly busy. More than six months have now passed since the deadline to implement the CDSM Directive – 7 June 2021. Photo by Markus Spiske on Unsplash.

Copyright Law 112

Copyright Law Copyright Law Reporting 112

The IP Law Blog

MARCH 2, 2021

3, January/February 2021, by the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. All rights reserved.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

PDF copy available. NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts. The US Patent and Trademark Office (USPTO) Trademark ID Manual offers some guidance as example provisions including NFTs were added in October 2021.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Buying Objects ? Buying Copyrights.

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88