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

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 98

Contracts Privacy Registration Government 98

Plagiarism Today

MARCH 23, 2022

In December of 2021, various movie companies filed a lawsuit against the site alleging that they were illegally streaming content that they own. That was offered exclusively through a contract with LexisNexis. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Law 192

Law Journalism Plagiarism Licensing 192

The IPKat

NOVEMBER 16, 2022

Background Articles 18-22 of the DSM Directive establish a series of protective measures in favour of authors and performers who license or transfer the exclusive economic rights over their works or performances to third parties for the purpose of exploitation.

Contracts 123

Contracts Licensing Government Law 123

Plagiarism Today

AUGUST 2, 2022

Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. In countries where there is no government recordation of copyright, blockchain offers a decentralized and transparent process to record copyright ownership, transfers and licenses. Finding a Use.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

Velocity of Content

DECEMBER 2, 2021

Many publishing companies will contract with multiple vendors on this chart to create integrated and mixed technology environments within their organizations. The post 2021 Publishing Technology Report: Annual Review of Software Vendors Supplying Media, Publishing and Content Owners appeared first on Copyright Clearance Center.

Publishing 98

Publishing Reporting Technology Marketing 98

The IPKat

NOVEMBER 10, 2024

18 to 23, which govern fair remuneration in exploitation contracts of authors and performers. Background The Belgian National Orchestra (ONB) and its musicians have been embroiled in a legal dispute since July 2021. This shall be without prejudice to any acts concluded and rights acquired before 7 June 2021.

Law 108

Law Contracts Art Government 108

Technology & Marketing Law Blog

OCTOBER 8, 2022

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things. 3d at 10861.

Marketing 137

Marketing Marketing Contracts Business 137

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. The photographs were taken at a shoot organised by Orisun TV, owned by Virtual Media Network (“VMN”), who subsequently licensed the photographs to NTA-Star. Interested readers can find the Africa IP Highlights 2020, here.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Patently-O

MARCH 7, 2022

Waste Management detected some suspicious activity on its servers in January 2021, but did not discover that there was a real breach until May 2021. This includes name, SSN, DOB, Driver’s License, etc. This includes name, SSN, DOB, Driver’s License, etc. WM offered to pay for 1-year identity monitoring.

Privacy 118

Privacy Contracts Licensing Litigation 118

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

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. 9, 2021, No. See, e.g., Britt v.

Blogging 116

Blogging Contracts Law Privacy 116

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

JULY 10, 2021

As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). [I 2021 WL 2865147 (N.D. July 8, 2021). Alphabet Inc.

Contracts 126

Contracts Blogging Litigation Marketing 126

43(B)log

SEPTEMBER 3, 2021

2021 WL 2633326, No. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Defendants first argued that passes didn’t not qualify as “goods or services” under the CLRA, but were only temporary licenses, with services provided only ancillary to the license.

Contracts 59

Contracts Advertising Advertising Licensing 59

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Plagiarism Today

SEPTEMBER 28, 2021

I also challenge you to at least try to draw a similar style before (1/2) — PokerPaint (@PokerPaint) September 25, 2021. pic.twitter.com/ToJt79iwa3 — PokerPaint (@PokerPaint) September 27, 2021. However, when that failed to soothe things over with the creators, they took back to Twitter with a more thorough apology.

Fair Use 249

Fair Use Non-Fungible Tokens Copyright Derivative Work 249

Kluwer Copyright Blog

JUNE 19, 2023

The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies. Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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

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

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration.

Publishing 81

Publishing Contracts Social Media Art 81

Technology & Marketing Law Blog

NOVEMBER 15, 2021

The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion. Breach of Contract/Implied Covenant of Good Faith and Fair Dealing. This is a helpful explication of the intersection between Section 230 and breach of contract claims.

Contracts 119

Contracts Publishing Blogging Government 119

Velocity of Content

OCTOBER 4, 2021

In May 2020, Spotify agreed to an exclusive $100 million deal with Joe Rogan, the biggest licensing agreement ever made in podcasting. Licensing Comes to Podcasting. The post Licensing Comes to Podcasting appeared first on Copyright Clearance Center.

Licensing 52

Licensing Intellectual Property Law Television Intellectual Property 52

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

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.), Yuga Labs, therefore, still owns the copyright in each NFT.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

The IPKat

OCTOBER 28, 2021

III, 22/09/2021), which highlights the strategic use of trade secrets in connection with public tenders. Based on this, the request for access to the documentation was denied by the contracting authority. Kat friend Gabriele Girardello once again reports on trade secrets, this time on an Italian case, Administrative Court of Latium (n.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

Litigation 82

Litigation Law Patent Invention 82

Technology & Marketing Law Blog

JUNE 10, 2024

4, 2021), the Massachusetts Supreme Court struck down Uber’s TOS because it wasn’t properly formed. In response to Kauders, in April 2021, Uber forced all of its users in Massachusetts (and maybe beyond, I’m not sure) through a new TOS formation process. In Kauders v. Uber Techs. ,

Contracts 98

Contracts Marketing Marketing Blogging 98

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104

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 98

Non-Fungible Tokens Government Law Ownership 98

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Amazon, 2021 U.S.

Contracts 105

Contracts Privacy Blogging Litigation 105

Technology & Marketing Law Blog

AUGUST 31, 2021

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). Related posts : Blogger Loses Copyright Ruling Over Photo…But No Mention of the CC-BY-SA License!–Von

Fair Use 143

Fair Use Journalism Licensing Marketing 143

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’. Remuneration of authors under French copyright law before the 2021 Order. The implementation of the CDSM into French law.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Technology & Marketing Law Blog

JULY 14, 2023

When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant.

Contracts 98

Contracts Blogging Litigation Licensing 98

Technology & Marketing Law Blog

DECEMBER 18, 2021

Breach of Contract. ” The court says that’s not an affirmative promise to approve all such apps; plus, the contract reserved Apple’s right to decide in its sole discretion. 2021 WL 5936910 (N.D. That is not the kind of injury antitrust laws are intended to protect. Case citation : Coronavirus Reporter v.

Reporting 119

Reporting Law Contracts Advertising 119

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). and Finjan Software, Inc. Finjan Software, Inc.,

Licensing 52

Licensing Contracts Litigation Technology 52

Technology & Marketing Law Blog

AUGUST 12, 2021

Finally, the court says there is a real possibility of market harm to Nicklen’s work: However, the Sinclair Defendants’ use of the copyrighted video, if widespread, would harm the licensing market for Nicklen’s video. 20-cv-10300 (JSR), 2021 WL 3239510 (S.D.N.Y. July 30, 2021). Case citation : Nicklen v.

Social Media 140

Social Media Copyright Fair Use Licensing 140