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Sunday Surprises

The IPKat

Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. Registration is open and more details can be found here. Further information is available here.

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Technology & Marketing Law Blog

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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The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings

SpicyIP

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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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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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Canada’s Changing AI-Copyright Policy Discourse: A Play in Three Parts?

Kluwer Copyright Blog

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 ). The training process can involve reproductions of the training data…. .… data —reside).

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Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

43(B)log

3d -, 2022 WL 4591905, No. 26, 2022) Late, but just showed up in my Westclip! Thus, this claim “does not seek to vindicate any substantial state interests distinct from those furthered by the copyright law” and was preempted by the Copyright Act. Nathan, F.Supp.3d 18-CV-5930 (MKB) (E.D.N.Y.

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

This law protects the rights of publicity and privacy of people like politicians and celebrities who don’t want others to register their name or image as a trademark for goods or services. See the amicus brief discussing free speech limits on the rights of publicity and privacy filed by the Motion Picture Association in Elster.)