2022 Copyright Law Fair Use Privacy 
Technology & Marketing Law Blog
MAY 17, 2024
But it won on a different and, in many respects, much broader legal theory: conflict preemption with copyright law. A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. The Copyright Act includes an express preemption clause, 17 U.S.C. §
Kluwer Copyright Blog
OCTOBER 3, 2023
The defendants’ wholesale collection and use of copyrighted material, with no option for copyright owners to opt out, would exceed the legal interpretation of “fair use” (see VHT vs Zillow Group , 918 F.3d 2000) (“ copying an entire work militates against a finding of fair use. ”). 4th 1149 (9th Cir.
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IIPRD
JANUARY 28, 2023
Given the disparity in bargaining power between data subjects and data administrators, the law ought to be drafted in such a way that it provides a framework for rights and recourse that can be easily exercised by data principals. In addition to that, the “deemed consent” notion is presented in the DPDP Bill, 2022.
Technology & Marketing Law Blog
AUGUST 16, 2024
I added a summary of contributory and vicarious copyright law principles from the Frontier Communications case. I posted the 2022 version. Copyright Copyright Basics (Copyright Office Circular 1) Note About Fair Use Cartoon Network v. Privacy Review: 16 C.F.R. Bright Data V. CSC (2d Cir.)
The IPKat
FEBRUARY 21, 2022
Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. pre-publication event: EULAs: Friends or Foes?,
IP Tech Blog
MARCH 18, 2022
Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs also may embody or use trademarks. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims.
Technology & Marketing Law Blog
DECEMBER 13, 2023
At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.
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