Blog, Contracts and Licensing - Intellectual Property Pulse

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts

Contracts Blogging Advertising Advertising

Types of Intellectual Property Contracts

Intepat

MAY 24, 2023

Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it.

Intellectual Property

Intellectual Property Contracts Ownership Invention

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging

Blogging Contracts Fair Use Copyright Law

Federal Circuit Weighs in on Temporal Rigidity of the Baye-Dole Act’s Licensing Provisions

Intellectual Property Law Blog

FEBRUARY 28, 2024

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . 35 U.S.C. §

Licensing

Licensing Invention Government Inventor

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging

Blogging Contracts Cease and Desist Social Media

Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Case citation : Hayden v. 2K Games, Inc. ,

Licensing

Licensing Copyright Blogging Fair Use

Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 5, 2024

In February, Meta lost on Partial Summary Judgment against Bright Data on its breach of contract claim. had its breach of contract and CFAA claims against the Center for Countering Digital Hate (“CCDH”) dismissed at the motion to dismiss stage. Here, the court muddles the various contract formation standards. No, it does not.

Blogging

Blogging Social Media Contracts Technology

Careful drafting of a license agreement is essential for ensuring a successful and mutually beneficial licensing partnership

Garrigues Blog

OCTOBER 1, 2024

Licensing allows companies to enter new markets, reduce production and distribution costs, and strengthen consumer loyalty. However, the success of any licensing strategy hinges on a well-negotiated agreement that includes legal safeguards, clear responsibilities and protections against misuse of the trademark.

Licensing

Licensing Branding Brands Branding

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

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging

Blogging Copyright Contracts Cease and Desist

Resolution N. 008742 registration of technology transfer contracts

Olartemoure Blog

OCTOBER 27, 2023

008742 which develops and establishes not only the terms but also the form and content for the registration of technology import contracts before the entity. Such contracts include -among others- technology licenses, trademarks or patents, as well as technical assistance or service contracts, or basic engineering contracts.

Contracts

Contracts Registration Technology Intellectual Property

Web Scraping for Me, But Not for Thee (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 24, 2023

And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. Now, the primary vehicle to stop web scraping is with breach of contract claims. It’s user-generated content. In the end, it was a pyrrhic victory.

Blogging

Blogging Contracts Intellectual Property Social Media

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

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. But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here.

Blogging

Blogging Licensing Privacy Copyright Notice

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

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. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging

Blogging Contracts Copyright Law Copyright

The Ninth Circuit’s Broad (and Wrong) Standards for Conversion–Taylor v. Google (Guest Blog Post)

Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging

Blogging Contracts Law Advertising

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. These basic principles “apply with equal force to contracts formed online.” See blog posts on those rulings here and here.). Freedom Financial Network, LLC.

Contracts

Contracts Designs Design Law

Utilizing the Annual Copyright License Across Your Organization

Velocity of Content

DECEMBER 14, 2023

After all, many kinds of published literature, including news, blogs, books, journals, and standards — including the organizations’ own materials — are protected by copyright laws that place limits on how content can be used by others without the rightsholder’s permission. How Do Different Departments Use the Annual Copyright License?

Licensing

Licensing Copyright Publishing Journalism

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. An appeal in Alexander v.

Blogging

Blogging Fair Use Copyright Infringement Licensing

NFT Copyright License Rights: Due Diligence is Critical.

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? NFT Copyright Licensing.

Due Diligence

Due Diligence Licensing Non-Fungible Tokens Copyright

Quality Control Assurance in Trademark Licensing

Intepat

JUNE 25, 2024

Introduction Trademark licensing is a legal phenomenon where a trademark owner (Licensor) grants permission to another (Licensee) to use the trademark on mutually agreed terms and conditions. Hence, it reduces the uncertainty associated with the licensing of trademarks. This created an expectation to meet certain quality standards.

Licensing

Licensing Trademark Branding Brands

Anatomy of an NFT Fail: Trademark License Expires on F1 Delta Time.

Traverse Legal Blog

APRIL 6, 2022

” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. Did the initial NFT buyers even know their NFT license was subject to an upstream license that might expire?

Licensing

Licensing Trademark Contracts Branding

Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 28, 2024

Because for the first time, a company with knowledge of an online agreement–acting in purported violation of that agreement by scraping–succeeded in defeating a breach of contract claim. The post Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging

Blogging Contracts Litigation Law

Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging

Blogging Contracts Cease and Desist Confidentiality

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts

Contracts Privacy Registration Government

IP Licensing for Business Companies & Organizations – How to Do it Right?

Kashishipr

FEBRUARY 16, 2022

Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. Understanding the IP License. Creating the IP Licensing Agreement.

Licensing

Licensing Business IP Ownership

Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve This case involves Walmart gift cards.

Contracts

Contracts Litigation Blogging Law

Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v. Take Two

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

Prior blog post. “Alexander testified that she had never licensed her tattoos for video games or any other medium. Defense expert James Malackowski also provided unrebutted testimony that a market for licensing tattoos in videogames does not exist and was unlikely to be developed.” ” Really? .”

Copyright

Copyright Fair Use Licensing Blogging

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

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. By guest blogger Kieran McCarthy.

Blogging

Blogging Contracts Law Privacy

Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

In 2022, I’ve blogged just one other 512(c) case ( Davis v. The case involves ShutterStock, a photo licensing service. (We We used ShutterStock as the blog’s image provider for several years). Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it. Pinterest ).

Licensing

Licensing Copying Blogging Copyright

Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 2, 2024

For one, it’s a significant case that deals with many of the issues that have arisen in some of the other cases I’ve blogged about on this site, but it’s in Delaware, not in the Northern District of California. Sometimes, when we blog these technology cases, we act as if the law in California is the law everywhere. The post Ryanair v.

Blogging

Blogging Technology Business Litigation

Dragons' Den IP Blog - Series 21 Episode 6

Dragons' Den

FEBRUARY 9, 2024

In IPO’s free, online, easy to use toolkit there are resources designed to help businesses identify their IP and understand how to protect, manage it and even license it to scale up their product. License to be mindful Denise and Ciaran have already found success globally with their colourful mindfulness range.

Blogging

Blogging IP Designs Design

Around the IP Blogs

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. The IPKat has once again compiled some of them for you.

Blogging

Blogging IP Copying Copyright

After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)

Technology & Marketing Law Blog

MARCH 28, 2023

Much digital ink has been spilled on online contract formation; much less on online contract termination. Guest Blog Post) appeared first on Technology & Marketing Law Blog. Based on a quick review of Facebook’s and Instagram’s Terms of Use, those agreements do not provide for a clear path for a user to terminate.

Blogging

Blogging Cease and Desist Contracts Marketing

More Chaos in the Law of Online Contract Formation

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Facebook, Inc.,

Contracts

Contracts Law Reporting Blogging

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

JULY 16, 2021

Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. . * Lona’s Lil Eats, LLC v. DoorDash, Inc., 2021 WL 151978 (N.D. New Yorker : Dude, Where’s My Couch?

Advertising

Advertising Advertising Contracts Social Media

Limitations to parties’ choice of law in copyright exploitation contracts in the digital era (Part 1)

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts

Contracts Law Copyright Moral Rights

Open AI’s vison for a social contract – of things to come…

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. However, OpenAI then states that it ‘[feels] that it’s important we contribute to the development of a broadly beneficial social contract for content in the AI age.’

Contracts

Contracts Copyright Publishing Business

Expanding the implied license into the analogue: The German Federal Court of Justice on interior design choices and their copyright consequences

Kluwer Copyright Blog

OCTOBER 17, 2024

Image by Vincent Ciro from Pixabay On 11 September 2024, the German Federal Court of Justice (BGH) had to decide on the question of whether photos or videos shared online featuring in their background a photo wallpaper protected by copyright are lawful under an implied license, or if an express authorization of such reproductions is required.

Licensing

Licensing Copyright Designs Design

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging

Blogging Law Contracts Cease and Desist

Copyright Concerns When Using Others to Create Content

Erik K Pelton

JULY 14, 2022

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. There are sites that have free licenses for a certain type of content.

Social Media

Social Media Copyright Cease and Desist Contracts

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2. Tortious Interference with a Contract 3. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Cease and Desist

Cease and Desist Blogging Contracts Social Media

The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)

Technology & Marketing Law Blog

JULY 25, 2022

In a previous blog post , I criticized the Second Circuit’s ruling as inherently self-contradictory. My previous blog post contains detailed information about the Copyright Act’s three-year statute of limitations [ 17 U.S.C. § If it’s still unclear, go back and read my previous blog post on Sohm for a more detailed explanation.).

Blogging

Blogging Copyright Licensing Copyright Infringement

This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

Technology & Marketing Law Blog

OCTOBER 25, 2023

” The court doesn’t address the potential licensing market for the tattoo design. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Netflix appeared first on Technology & Marketing Law Blog. Case Citation : Cramer v. Netflix, Inc.

Blogging

Blogging Copyright Fair Use Copyright Infringement

Licensing NFTs: You Need to Know Who Owns What You’re Selling

Traverse Legal Blog

JANUARY 29, 2022

One of the big problems with the NFT marketplace, where NFTs are both sold and purchased, is that the platform doesn’t provide any licensing language for the digital asset that the owner attaches to the NFT. “These platforms are not providing any license language for the actual asset attached to the NFT.

Licensing

Licensing Non-Fungible Tokens Copyright Copying

Facebook Isn’t Subject to the ADA–Lloyd v. Facebook

Technology & Marketing Law Blog

JULY 9, 2024

My prior blog post. The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion, but the contract claim gets revived for a little longer. In a mild surprise, the panel revives her breach of contract claim. This resurrects Lloyd’s breach of contract claim, but only temporarily. Facebook, Inc.

Contracts

Contracts Privacy Blogging Publishing

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Types of Intellectual Property Contracts

Trending Sources

X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Federal Circuit Weighs in on Temporal Rigidity of the Baye-Dole Act’s Licensing Provisions

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Facebook Makes Some Progress Against a Scraper–Meta v. Voyager (Guest Blog Post)

Careful drafting of a license agreement is essential for ensuring a successful and mutually beneficial licensing partnership

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

Resolution N. 008742 registration of technology transfer contracts

Web Scraping for Me, But Not for Thee (Guest Blog Post)

How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

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

The Ninth Circuit’s Broad (and Wrong) Standards for Conversion–Taylor v. Google (Guest Blog Post)

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Utilizing the Annual Copyright License Across Your Organization

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

NFT Copyright License Rights: Due Diligence is Critical.

Quality Control Assurance in Trademark Licensing

Anatomy of an NFT Fail: Trademark License Expires on F1 Delta Time.

Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post)

Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

IP Licensing for Business Companies & Organizations – How to Do it Right?

Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v. Take Two

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock

Ryanair v. Booking CFAA Trial Ends with Strangest Possible Outcome (Guest Blog Post)

Dragons' Den IP Blog - Series 21 Episode 6

Around the IP Blogs

After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)

More Chaos in the Law of Online Contract Formation

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Limitations to parties’ choice of law in copyright exploitation contracts in the digital era (Part 1)

Open AI’s vison for a social contract – of things to come…

Expanding the implied license into the analogue: The German Federal Court of Justice on interior design choices and their copyright consequences

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Copyright Concerns When Using Others to Create Content

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)

This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

Licensing NFTs: You Need to Know Who Owns What You’re Selling

Facebook Isn’t Subject to the ADA–Lloyd v. Facebook

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