Technology & Marketing Law Blog

DECEMBER 27, 2023

Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.” . Hoffmann Air Conditioning and Heating, LLC, 2023 WL 2681994 (E.D. March 29, 2023).

IP 98

IP Advertising Advertising Copyright 98

JD Supra Law

SEPTEMBER 1, 2023

Once that valuable goodwill is linked between a mark and the owner’s products and services, trademark owners can capitalize on that reputation by extending into new product and service offerings, or outsourcing their current offerings, via license agreements with third parties. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Licensing 79

Licensing Marketing Marketing Branding 79

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

Marketing 116

Marketing Marketing Copyright Copyright Law 116

Plagiarism Today

AUGUST 2, 2022

Spice DAO has announced that it is implementing a three-stage “redemption phase” that will see it attempt to pay back its members as much as possible and, likely, attempt to sell the book in the fourth quarter of 2023. For example, blockchain could be used to record that someone obtained a license to use a song in a video.

Copyright 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

Kluwer Copyright Blog

MARCH 4, 2025

In the past two years, tech giants such as Meta and OpenAI released their AI models under self-certified open licenses. Restrictive licensing terms. Famously, Metas release of the Llama 2 model in July 2023 contained a non-competition clause which prevented reuse for licensees having more than 700 million monthly active users.

Licensing 89

Licensing Government Publishing Reporting 89

Technology & Marketing Law Blog

OCTOBER 6, 2023

He claims that third party “contributors” uploaded his copyrighted photos to ShutterStock as part of ShutterStock’s licensing program. Specifically, McGucken claims that a total of 337 images were uploaded, of which 165 were downloaded and that led to 938 licenses. TL;DR: “see Steinmetz.” Case Citation : McGucken v.

Licensing 98

Licensing Blogging Settlement Litigation 98

The IPKat

MARCH 19, 2025

The variety is marketed under the trade mark Envy or . Envy launched in the Chinese market in late 2023, thanks to a 2018 licensing deal with the Joy Wing Mau fruit company. But in addition to this authorised grower, ENZAFruit learned of unauthorised production and sales.

Marketing 64

Marketing Marketing Law Licensing 64

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

TorrentFreak

MAY 13, 2023

The major threat in today’s market has been growing for many years, mainly because it’s so quick and easy. The fact that the music industry has made virtually all of its content available at a fair price (or free) means that the ripping phenomenon cannot be attributed to the labels failing to read the market.

Music 145

Music Brands Branding Branding 145

The IPKat

OCTOBER 30, 2023

In the recent UK case of Philip Morris v BAT [2023] EWHC 2616 (Pat) , His Honour Justice Hacon (Hacon HHJ) considered the standard for invalidity due to added matter. Case Background: "Heat not burn" Philip Morris (PM) and BAT both market so-called "heat-not-burn" devices as alternatives to conventional cigarettes. Smoke Free World. "

Invention 116

Invention Patent Application Patent Drafting Patent 116

Technology & Marketing Law Blog

MARCH 30, 2025

For Chanukah 2023, I gave my kids an ornament with Data reciting part of the ode ! To the extent Publishers are arguing that lyrics appearing in Claudes output undermines their ability to license to lyrics aggregators, this potential harm is addressed by the parties stipulation. It was a big hit. Concord Music Group, Inc.

Copyright 59

Copyright Publishing Copyright Infringement Licensing 59

Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. Goldsmith , 598 U.S. _ (2023). [2] 2] Slip op.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Velocity of Content

FEBRUARY 11, 2025

The Paradox of Executive Behaviors From research to medical communications, from legal to marketing, sharing content with colleagues across job roles and departments is critical. Employees are accessing more publications than in 2023. The full ebook can be found here. In all cases, companies frequently share these materials.

Copyright 52

Copyright Copyright Infringement Reporting Licensing 52

TorrentFreak

DECEMBER 29, 2024

In 2023, IFPI added ‘AI Vocal Cloning’ as a new category in its annual overview of notorious piracy markets submitted to the Office of the US Trade Representative (USTR). ” Who Controls The Market? . ” Who Controls The Market?

Music 67

Music Marketing Marketing Licensing 67

The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London. Cue our story.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

Copyright Lately

FEBRUARY 17, 2025

Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision. The court recognized that artists routinely create rough versions of new works before seeking licenses, and that restricting this practice would limit creativity and stifle innovation in the music industry. A case with potentially limited impact.

Fair Use 69

Fair Use Copying Public Domain Copyright 69

IP and Legal Filings

MAY 10, 2024

Indian Copyright Act, 1957 – sections 30 to 32 provide for licensing. It allows for both voluntary and compulsory licensing. Further Trademarks Act, 1999 and Designs Act, 2000 allow licensing of trademarks and designs respectively. Image Sources: Shutterstock] The transfer is initiated by a license agreement.

Intellectual Property 105

Intellectual Property Technology Licensing Invention 105

SpicyIP

NOVEMBER 7, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. the Court identified the use of photographs as “scientific research” under the EU Directive on the Digital Single Market (“DSM Directive”). Tanishka is an advocate at the High Court of MP. LAION logo.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

TorrentFreak

JULY 23, 2023

Note: The responses below were received in 2023. We use Google Analytics and cookies to collect marketing metrics for our website and several external tools for collecting crash reports (only if a user opts in to sharing these reports). Our system can understand how many active sessions a given license has at a given moment in time.

Privacy 140

Privacy IP Technology Reporting 140

Velocity of Content

FEBRUARY 26, 2025

This article originally appeared in the Scholarly Kitchen Back in March of 2023, when there were only a handful of cases alleging copyright infringement for training purposes by AI companies, I predicted that we would soon have some guidance from the court in Thomson Reuters Enterprise Center GMBH and West Publishing Corp. What does it mean?

Fair Use 52

Fair Use Copying Licensing Copyright 52

The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment.

Reporting 86

Reporting Music IP Intellectual Property 86

IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! With Bulgaria implementing the directive towards the end of 2023, Poland is the last Member State missing. Photo by Markus Spiske on Unsplash Dear readers, Happy new year! The end of the year was busy for both the courts and the policy makers.

Copyright Law 78

Copyright Law Law Copyright Reporting 78

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

SEPTEMBER 27, 2023

At a quick glance, one notable push by the guidelines is to allow “exclusive” licensing from public funded research, to private bodies. d also mentions ‘march-in’ rights and compulsory licensing but the language makes it unclear what is meant exactly: 5.d. DPIIT Observations 01st February, 2023 10.

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. 2023 WL 3449131 at *1 (N.D. May 11, 2023). The court also held that plaintiffs were permitted to proceed pseudonymously. Complaint at 2. GitHub, Inc.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The government has until 31 October 2023 to respond to these recommendations. Read more here.

Copyright Law 80

Copyright Law Law Copyright Copying 80

TorrentFreak

DECEMBER 17, 2023

Amazon, which has been licensing Premier League games since 2019, hoping to drive customers towards its Prime service, wasn’t awarded a single match. Still no matches available during the ‘3pm blackout’ or adjustments to pricing in the consumer direction, but the BBC now has a license to show highlights for all 380 matches.

Licensing 123

Licensing Copyright Marketing Marketing 123

TorrentFreak

MARCH 24, 2025

The dispute still isn’t settled, but after DAZN reportedly paid an estimated 70 million in licensing fees owed for February alone, one aspect of the current crisis was at least kicked a little further down the road. ” The proposals run deep and even if the bill passes, pushback seems almost inevitable.

Advertising 62

Advertising Advertising Marketing Marketing 62

TorrentFreak

DECEMBER 15, 2023

Does 1-10 are described as the infringing IPTV service’s operators, who knowingly and unlawfully transmit, and publicly perform in the United States, TV channels for which DISH holds or held an exclusive license. “Rays markets and brands the Infringing Service as, alternatively, Glo TV, Rays IPTV, and Rays TV.

Cease and Desist 122

Cease and Desist Copyright Infringement Brands Branding 122

IP and Legal Filings

NOVEMBER 10, 2024

Encouraged by the success of Dream11, several other platforms entered the market, allowing people to form teams across various sports like football, kabaddi, basketball, and cricket. An uncertain approach by different states to regulations is a hindrance in the fantasy sports market.

Reporting 52

Reporting Licensing Law Government 52

SpicyIP

OCTOBER 31, 2023

Image from here Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“ CL ”) for breast cancer medications, Ribociclib and Abemaciclib. 98,374 in 2023 , making drug contributions excessive. It also says that no licenses were given out. of GDP in FY23.

Licensing 72

Licensing Government Reporting Patent 72

Kluwer Copyright Blog

JANUARY 9, 2025

And so we have a market failure. There are empirical questions about how widespread that market failure really is (i.e. how many welfare-enhancing works would fail to be created under a free market?), and there are also a range of policy tools to address such a market failure of which copyright is only one. I am doubtful.

Copyright 64

Copyright Technology Public Domain Marketing 64

TorrentFreak

FEBRUARY 23, 2023

From February 28, 2023, availability of Western content on Russia’s legal streaming portals is set to nosedive. Older content covered by existing licensing agreements remained in place, but in a matter of days, many of those deals will run out.

Cinema 145

Cinema Registration Reporting Licensing 145

Technology & Marketing Law Blog

MARCH 22, 2023

As of March 15, 2023, 21 respondents have opted out. We also have at least three cases of unauthorized use of art, one for musical composition, one for broadcasting at an establishment without a license. So far, as of March 15, 2023, we have 34 cases that have gone to the “Order to Pay Second Filing Fee.”

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Blogging Copyright Music Art 122

Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? 2023 WL 266511 (N.D. NYP appeared first on Technology & Marketing Law Blog. Case Citation : Shah v.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Kluwer Copyright Blog

JULY 24, 2024

Yet especially in the business-to-consumer or “B2C” context, these ToS have often been reviled as largely unread, not understood, and creating an abusive relationship of imbalance of power in monopolistic or oligopolistic markets. Is it a proper copyright ownership or an assigned license? user, service)?

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Copyright Ownership Social Media Licensing 135