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 111

Copyright Law Copyright Law Reporting 111

43(B)log

NOVEMBER 19, 2021

6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Meredith Lodging LLC v. Vacasa LLC, No. In Grubbs v. Sheakley Grp.,

Advertising 59

Advertising Advertising Marketing Marketing 59

Velocity of Content

DECEMBER 2, 2021

It is a: … “Subway” Market Map showing the universe of software and services companies supporting the publishing industry and their capabilities across up to 14 process areas. Many publishing specific technology companies provide support across multiple functional areas within their target markets.

Publishing 98

Publishing Reporting Technology Marketing 98

Technology & Marketing Law Blog

SEPTEMBER 30, 2024

The court characterizes the formation process as a “clickwrap,” which the court says usually create binding contracts. This court responds that Kauders “did not conclude that an online-service contract could never notify a customer of an arbitration provision. That’s the case here.

Contracts 92

Contracts Blogging Registration Law 92

LexBlog IP

JULY 21, 2022

The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald”) regarding an alleged violation of art. 9 of Italian Law no.

Marketing 52

Marketing Marketing Contracts Business 52

Technology & Marketing Law Blog

OCTOBER 28, 2024

Ticketmaster changed the Terms on its website on July 2, 2021, requiring all website users to agree to arbitration under New Era’s Rules. I note that Ticketmaster is a special defendant due to their decades-long efforts to stretch/hork online contract formation law. Live Nation appeared first on Technology & Marketing Law Blog.

Contracts 68

Contracts Law Blogging Marketing 68

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

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 84

Contracts Marketing Marketing Blogging 84

Kluwer Copyright Blog

JANUARY 16, 2023

The majority of the changes in the course of the 2021 copyright law reform have undoubtedly been made to the Copyright Act, the so-called UrhG ( English translation here ). 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

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site.

Contracts 84

Contracts Designs Design Publishing 84

Olartemoure Blog

JUNE 28, 2024

According to the document titled “Relationship in the Open Innovation Ecosystem in Colombia Landscape 2021-2023,” it is highlighted that Colombia surpassed Brazil in the total value of contracts in the third year of measurement, despite having a much shorter trajectory. For further information, consult the report here.

Intellectual Property 52

Intellectual Property Contracts Reporting Marketing 52

Indiana Intellectual Property Law

OCTOBER 5, 2022

Per the Plaintiff’s website, 3CHI was founded by a biochemist that has focused on cannabinoid research and brining minor cannabinoids to market. During her employment, Journay was promoted to Marketing Manager. 3CHI alleges to have almost single handedly put cannabis into national mainstream acceptance.

Marketing 52

Marketing Marketing Confidentiality Government 52

Technology & Marketing Law Blog

MAY 30, 2024

In September 2021, when YouTube terminated Mercola’s account, it was reasonable (even if incorrect) to consider “anti-vaccine” postings to be harmful to the public. YouTube appeared first on Technology & Marketing Law Blog. Google LLC , No. 23-2608 (9th Cir.

Contracts 79

Contracts Blogging Marketing Marketing 79

LexBlog IP

SEPTEMBER 29, 2022

As we have already discussed here , the Italian Competition and Market Authority (“AGCM” or “Authority”) has shown a significant interest in cases of abuses of economic dependence in recent years. 192/1998.

Marketing 52

Marketing Marketing Contracts Business 52

Kluwer Copyright Blog

JUNE 14, 2021

While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed, save for a positive opinion of the European Copyright Society.

Contracts 52

Contracts Art Copyright Law Copyright 52

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 80

Litigation Law Patent Invention 80

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. Intellectual Property Appellate Board abolished through the Tribunals Reform Act, 2021. Patents (Amendment) Rules, 2021.

IP 142

IP Intellectual Property Copyright Trademark 142

Kluwer Copyright Blog

FEBRUARY 22, 2022

CREATe , within the AHRC Creative Industries Policy and Evidence Centre (PEC) , launched the 21 for 2021 project in May 2021. In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Creative Industries.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Trading Secrets

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 69

Confidentiality Law Contracts Business 69

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court couldn’t sufficiently discern the relevant market from the complaint, so the court can’t figure out any cross-elasticities. The court rejects the plaintiffs’ attempts to create single-brand markets. Breach of Contract. 2021 WL 5936910 (N.D. Case citation : Coronavirus Reporter v. Apple, Inc.

Reporting 110

Reporting Law Contracts Advertising 110

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. Introduction.

Publishing 81

Publishing Contracts Social Media Art 81

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. Since he used the company resources to produce the drawings, the architectural drawings became commissioned works by the Company under a contract of service. Interested readers can find the Africa IP Highlights 2020, here.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

azrights

APRIL 22, 2021

World IP Day 2021 shines a light on the critical role of SMEs in the economy and how they can use IP rights to build stronger, more competitive, and resilient businesses. The video is particularly apt for World IP day 2021 centring as it does on IP and SMEs, which is this year’s World IP day focus. The Azrights animation video.

IP 52

IP Intellectual Property Branding Branding 52

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). 2021 WL 2865147 (N.D. July 8, 2021). Alphabet Inc.

Contracts 123

Contracts Blogging Litigation Marketing 123

IPilogue

DECEMBER 14, 2021

This article was originally posted on E-TIPS For Deeth Williams Wall LLP on December 8, 2021. On November 16, 2021, Miramax filed a lawsuit against Quentin Tarantino for his planned auction of non-fungible tokens (NFTs) based on his original hand-written script of the film Pulp Fiction.

Non-Fungible Tokens 111

Non-Fungible Tokens Contracts Registering Trademarks Intellectual Property 111

TorrentFreak

OCTOBER 27, 2024

“Operation 404 is a model for effective and efficient criminal enforcement measures against piracy sites and services and should be replicated by other markets within the Western Hemisphere,” MPA writes. After all, the contract is not linked to an address like it works with cable TV,” Grigolo explained.

Contracts 105

Contracts Government Reporting Copying 105

LexBlog IP

DECEMBER 27, 2021

As we close out another calendar year, we look back at the top legal developments of 2021 that could influence the market for biologics and biosimilars. Biosimilars and Generics Get Congress’s Attention: Laws governing generic and biosimilar pharmaceutical products saw legislative activity in 2021.

Litigation 52

Litigation Intellectual Property Patent Contracts 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

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 108

Blogging Contracts Law Privacy 108

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. 2 of the overall contract, available here ). Moreover, the 2021 copyright law reform also promotes the preservation of cultural heritage. b) Teaching.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

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. Remuneration of authors under French copyright law before the 2021 Order. If the exploitation of the work is financially more successful than envisaged, Article L.131-5

Contracts 96

Contracts Intellectual Property Cinema Copying 96

LexBlog IP

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

43(B)log

AUGUST 16, 2021

2021 WL 3552175, No. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. This opinion considered only the marketing defendants. Timeshare Lawyers P.A.,

False Advertising 72

False Advertising Advertising Advertising Contracts 72

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Contracts Social Media Intellectual Property 40

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 91

Contracts Privacy Blogging Litigation 91

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 125

Contracts Registration Litigation Copying 125

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 88

Contracts Blogging Litigation Licensing 88