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. §

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Blogging Contracts Fair Use Copyright Law 130

TorrentFreak

FEBRUARY 7, 2023

In addition, it refuted the copyright infringement allegations; these lacked substance and were ungrounded because some of the referenced copyrights were registered well after the cheats were first made available. Court Dismissed Bungie’s Copyright Claims In May 2022, U.S.

Contracts 144

Contracts Privacy Copyright Infringement Copyright 144

Barry Sookman

APRIL 24, 2022

Computer and Internet Weekly Updates for 2022-04-16 [link] 2022-04-17. A Mandatory and Exclusive Forum-Selection Clause in an Agreement May Prevent Lawsuits Outside That Forum for Matter… [link] 2022-04-18. WIPO The Direction of Innovation [link] 2022-04-18. link] 2022-04-21.

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Privacy Inventor Patent Intellectual Property Law 54

TorrentFreak

MAY 29, 2023

By June 2022, Bungie had a $13.5 million copyright infringement damages award in hand, and suddenly cooperative defendants helping to unveil others involved in the circumvention of Bungie’s technological protection measures. By June 2022, Bungie had a $13.5

Copyright 145

Copyright Privacy Settlement Copyright Infringement 145

Barry Sookman

MAY 29, 2022

Computer and Internet Weekly Updates for 2022-05-21 [link] 2022-05-22. Canadian CASL Compliance Errors [link] 2022-05-22. Quebec Court of Appeal confirms dismissal of the first privacy class action on the merits [link] 2022-05-24. 1498 for Government’s O… [link] 2022-05-24. Blockchain Tracing: The U.S.

Privacy 48

Privacy Copyright Infringement Copyright Intellectual Property Law 48

Barry Sookman

DECEMBER 25, 2022

Canada's Crackdown on Crypto [link] 2022-12-18. Differential Privacy: The Big Tech Solution to Big Data Privacy [link] 2022-12-18. Computer and Internet Weekly Updates for 2022-12-17 [link] 2022-12-18. CPPA: problems and criticisms – automated decision making [link] 2022-12-18.

Privacy 44

Privacy Technology Copyright Patent 44

Barry Sookman

APRIL 3, 2022

EU, US set to agree on landmark transatlantic data transfer pact [link] 2022-03-27. United States and EU Announce Trans-Atlantic Data Privacy Framework [link] 2022-03-27. Privacy Shield to Intensify – National Law Review [link] 2022-03-27. Negotiations on Enhanced EU-U.S.

Privacy 44

Privacy Contracts Blogging Copyright 44

Barry Sookman

MAY 22, 2022

Computer and Internet Weekly Updates for 2022-05-14 [link] 2022-05-15. EU lands new law to fight off hackers in critical sectors [link] 2022-05-16. Our privacy laws are stuck in the last century. They need updating now [link] via @torontostar 2022-05-16.

Privacy 44

Privacy Blogging Copyright Law 44

TorrentFreak

JULY 8, 2024

The site launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. “Therefore, the public interest will be served by an injunction that curtails the continuing harm from Anna’s Archive’s flagrant disregard for the law,” OCLC adds. Anna’s Archive switched to a.GS

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Publishing Privacy Contracts Copyright Law 142

Olartemoure Blog

AUGUST 5, 2022

08/04/22 – Data Privacy. Said guidelines were published to simplify and optimize MA proceedings given the requested changes will appear automatically on the administrative resolution. On the other hand, the INVIMA issued on 29 th July 2022 guidelines for a mandatory report on non-marketing and shortage monitoring.

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Intellectual Property Marketing Marketing Art 98

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 Such class actions can be considered part of the evolution of the regulatory landscape dedicated to Generative AI.

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Fair Use Privacy Copyright Technology 137

Barry Sookman

JANUARY 9, 2022

Computer and Internet Weekly Updates for 2022-01-01 [link] 2022-01-02. 2021 CanLIIDocs 13247 [link] )) 2022-01-02. Damages for copyright infringement, Ark Innovation Technology Inc. 2021 FC 1336 [link] 2022-01-02. Marjorie Taylor Greene [link] 2022-01-02. Cyberlibel : Information Warfare in the 21st Century?,

Privacy 44

Privacy Copyright Infringement Blogging Technology 44

Barry Sookman

AUGUST 14, 2022

Computer and Internet Weekly Updates for 2022-08-06 [link] 2022-08-07. Metaverse Canada real estate: Legal considerations for businesses [link] 2022-08-08. Getting ready for quantum computing: Managing the quantum threat [link] 2022-08-08. Courts around the world weigh in [link] 2022-08-08. link] 2022-08-09.

Privacy 44

Privacy Invention Business Copyright 44

Barry Sookman

JULY 3, 2022

Computer and Internet Weekly Updates for 2022-06-25 [link] 2022-06-26. Advocate General opines on multiple controllers, consent, the right to erasure and the EU GDPR [link] 2022-06-27. Two Big Wins for Site Blocking as a Means to Counteract Online Content Piracy [link] 2022-06-27. link] 2022-06-29.

Intellectual Property 44

Intellectual Property Privacy Copyright Infringement Copyright 44

Barry Sookman

JUNE 12, 2022

Chinese Court Issues “Landmark” Ruling in Case Over Infringing NFTs [link] 2022-06-05. App Stores Should Screen Developers and Apps to Prevent Piracy’ [link] 2022-06-05. Computer and Internet Weekly Updates for 2022-06-04 [link] 2022-06-05. Dynamic blocking orders available in Canada: Rogers Media [link] 2022-06-06.

Privacy 44

Privacy Copyright Infringement Copyright Intellectual Property Law 44

Barry Sookman

JANUARY 23, 2022

Computer and Internet Weekly Updates for 2022-01-15 [link] 2022-01-16. China’s new privacy law: The impact on Canada and beyond [link] 2022-01-17. Delighted to have appeared in the Supreme Court of Canada in the making available right case earlier today with my… [link] 2022-01-18. He… [link] 2022-01-20.

Privacy 44

Privacy Copyright Law Intellectual Property Law 44

Barry Sookman

OCTOBER 2, 2022

Artist receives first known US copyright registration for latent diffusion AI art [link] 2022-09-25. Computer and Internet Weekly Updates for 2022-09-24 [link] 2022-09-25. HFW | Fraudsters beware: Third-party Disclosure Orders [link] 2022-09-26. Darth Vader’s Voice Emanated From War-Torn Ukraine [link] 2022-09-26.

Privacy 44

Privacy Art Registration Technology 44

Barry Sookman

DECEMBER 4, 2022

Computer and Internet Weekly Updates for 2022-11-26 [link] 2022-11-27. RT @neilturkewitz : “I don’t claim to have all the answers but I do believe that our survival depends on modifying the internet—to create a… 2022-11-27. Expert insights into Canada’s changing privacy and AI rules [link] 2022-11-27.

Privacy 44

Privacy Copyright Law Intellectual Property Law 44

Barry Sookman

AUGUST 21, 2022

Computer and Internet Weekly Updates for 2022-08-13 [link] 2022-08-14. Privacy Concerns with Use of Reverse Keyword Searches by Law Enforcement [link] 2022-08-16. Digital assets consultation paper – The case for property rights reform [link] 2022-08-16. Is TikTok Gathering Data for Beijing?

Privacy 44

Privacy Government Law Intellectual Property Law 44

Barry Sookman

JUNE 5, 2022

Computer and Internet Weekly Updates for 2022-05-28 [link] 2022-05-29. Computer and Internet Weekly Updates for 2022-05-28 – Barry Sookman #copyright #internetlaw [link] 2022-05-29. RT @DavidDarling : @bsookman imagine the copyright implications of AI creating drawings! DALL-E 2 [link] 2022-05-30.

Privacy 44

Privacy Copyright Infringement Copyright Law 44

Barry Sookman

JUNE 19, 2022

Computer and Internet Weekly Updates for 2022-06-11 [link] 2022-06-12. AG Szpunar advises CJEU not to extend direct liability for trade mark infringement to operators of online marketpla… [link] 2022-06-12. Copyright Office Sued For Refusing To Register AI-Made Work [link] 2022-06-13.

Privacy 44

Privacy Government Copyright Law 44

Barry Sookman

MAY 8, 2022

Computer and Internet Weekly Updates for 2022-04-30 [link] 2022-05-01. The Anti-Copyright Hyperbole Fails to Sway the Canadian Government – Hugh Stephens Blog [link] 2022-05-01. It is not unlawful for a government to use modern means of communication which delete communications and make them… [link] 2022-05-01.

Privacy 44

Privacy Contracts Government Blogging 44

IP and Legal Filings

SEPTEMBER 11, 2024

For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] It receives the full set of rights under copyright law, just like literary, dramatic, or artistic work”. Beyond copyright, data privacy raises its head.

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Music Copyright Ownership Copyright Law 103

TorrentFreak

NOVEMBER 13, 2022

It appears that an 18-month period ending December 31, 2021, returned the best results before seizures completely leveled off in the first half of 2022. In addition, irregular devices can pose a risk to children and adolescents, with access to inappropriate content, and also a danger to the privacy of user data,” Anatel reports.

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Cinema Television Reporting Privacy 104

The IPKat

FEBRUARY 21, 2022

The event will take place on 18 March 2022 from 1:15pm to 7:00pm (CET) and registrations are open here. IPAS 2022 will be hosted by the Center for IP Understanding in conjunction with Institute for Business Innovation at the UC Berkeley-Haas School of Business. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 69

Intellectual Property Moral Rights Registration Editing 69

Kluwer Copyright Blog

SEPTEMBER 15, 2024

Real data is hard to come by and expensive to label; using synthetic data instead is not only cheaper but also promises to sidestep the thorny issues of privacy and copyright infringement (see Lee 2024 ). Even synthetic data that comes with privacy guarantees is necessarily a distorted version of the real data.

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Copyright Copyright Infringement Privacy Technology 128

SpicyIP

FEBRUARY 9, 2023

Delhi High Court recently came up with the ‘ Live Streaming and Recording of Court Proceedings Rules of the High Court of Delhi, 2022 ’. One of the ways whereby the court aims to curtail misuse of the recordings of court proceedings is by claiming copyright on these recordings.

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Copyright Government Law Editing 136

Velocity of Content

JANUARY 7, 2025

2 Licensing enables copyright owners and users to come together in a mutually beneficial manner, helping the market function more efficiently and responsibly. There is no single global copyright law, and countries vary significantly in their approach to copyright and AI-related issues like text and data mining and transparency.

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Copyright Licensing Fair Use Journalism 52

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. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). In December 2022, the Supreme Court invited the U.S.

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Blogging Contracts Copyright Law Copyright 98

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.

Privacy 52

Privacy Government Intellectual Property Fair Use 52

Barry Sookman

JANUARY 8, 2023

Computer and Internet Weekly Updates for 2022-12-31 [link] 2023-01-01. Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat) (23 December 2022) who owns IP rig… [link] 2023-01-02. Copyright Office Sets Sights on Artificial Intelligence in 2023 [link] 2023-01-02.

Privacy 44

Privacy Government IP Copyright 44

Kluwer Copyright Blog

APRIL 25, 2024

Act I When the Committee charged with conducting Canada’s 2019 Copyright Act Review turned its mind to AI, its primary concern was with “help[ing] Canada’s promising future in artificial intelligence become reality” ( Report 2019 ). More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

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Copyright Government Copyright Law Reporting 75

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. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World.

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Trademark Non-Fungible Tokens Brands Branding 62

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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Blogging Copyright Contracts Cease and Desist 98

Kluwer Copyright Blog

DECEMBER 4, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. Here are the most popular posts over the past few months. 16778672 for a figurative mark, applied for by luxury fashion designer, Philipp Plein.”

Blogging 69

Blogging Law IP Copyright 69

SpicyIP

APRIL 16, 2022

Click to view DTF’s letter titled “ Feedback on the UGC Draft Curriculum Framework and Credit System for the Four-Year Undergraduate Programme ” (found on the 4th of April’s (2022) Facebook post of the DTF secretary, Abha Dev Habib) which also includes the alleged plagiarized paras. . liability, if any, under copyright law, 2.)

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The IPKat

SEPTEMBER 3, 2022

Bowrey argues that the rise in availability and popularity of crime, mystery and detective stories was sponsored by changes to copyright commercialisation practices, which facilitated the full potential of modern copyright law to be exploited internationally.

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Copyright Music Intellectual Property Marketing 73