Technology & Marketing Law Blog

MAY 13, 2024

. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright. I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright.

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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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Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Copyright and Blogs. Alternatives to Seeking Copyright Protection.

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JD Supra Law

MAY 14, 2024

I saw this question online and decided to answer it here on my blog. It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police footage or vehicle cam video from law enforcement in the public domain. I would state "it depends.".

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JD Supra Law

AUGUST 5, 2022

In this podcast episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, and specifically on the Server Test.

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Blogging Law IP Copyright Law 98

Velocity of Content

OCTOBER 20, 2021

ET), the US Copyright Office, and the US Patent and Trademark Office are co-hosting a three-part discussion on “ Copyright Law and Machine Learning for AI: Where Are We Now and Where Are We Going?” They say that there will be time for questions to each panel. So I’ll be attending, and I hope you will, too.

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Technology & Marketing Law Blog

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? This ruling shows how copyright law could be a Kiwi Farms killer–no legal reform required. Yet, we should be careful celebrating copyright’s censorial powers. CloudFlare’s block ).

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The IPKat

FEBRUARY 17, 2025

Equally, a significant portion of online material is also likely to contain personal data, and there is likely to be a significant overlap in relation to specific pieces of content which are protected by both copyright law and by data protection law.

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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). ML Genius v.

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Blogging Contracts Copyright Law Copyright 98

Technology & Marketing Law Blog

JUNE 17, 2023

According to the court: “Copyright law restricts the removal or alteration of copyright management information (“CMI”) – information such as the title, the author, the copyright owner, the terms and conditions for use of the work, and other identifying information set forth in a copyright notice or conveyed in connection with the work.”

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Technology & Marketing Law Blog

NOVEMBER 16, 2024

McDermott argued that KMC was sophisticated about copyright law because the person who attached the photo to the bio had a journalism background. 15, 2024) The post When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v.

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JD Supra Law

AUGUST 5, 2022

In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley et al v. Instagram, LLC on copyright law, specifically on the Server Test. By: Weintraub Tobin

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IPilogue

MARCH 2, 2023

This development has led legal commentators to observe that, unfortunately, the copyright law surrounding celebrity tattoos remains unclear. Copyright protection over tattoos has been a hot topic for some time. This is a far cry from the revenues earned on the WWE 2K games, which have sold hundreds of thousands of copies each.

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IP and Legal Filings

DECEMBER 17, 2023

Historical lookback The amendment to the existing copyright law act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] Magic Mantra Vision. [ii] Magic Mantra Vision, CS (OS) NO.

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The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

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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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The IPKat

OCTOBER 19, 2024

IPKat Team GuestKat Nedim Malovic is taking a break from blogging. We thank him for all his contributions to the blog over the years and we look forward to welcoming him back in due course. Events As always, please do not forget to check our Events page , which is continuously updated. For further information, click here.

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Copyright Alliance

NOVEMBER 30, 2023

As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.

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Likelihood of Confusion

JANUARY 11, 2025

Originally posted 2011-12-05 10:40:49.

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Technology & Marketing Law Blog

AUGUST 22, 2023

18, 2023), affirming the Copyright Office’s position that “a work generated entirely by an artificial system absent human involvement [is not] eligible for copyright.” Eric previously blogged about the Copyright Review Board’s affirmance of the Office’s repeated refusal to register the work back in March 2022. The slides.

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Blogging Copyright Copyright Law Content Creation 98

Michael Geist

DECEMBER 3, 2024

In fact, blogging platforms such as Blogspot and WordPress were also each more used than all Canadian media companies combined. In other words, the totality of the Canadian materials included in the data set was less prominent than user content blogging platforms. Thus far, many of the lawsuits elsewhere have largely failed: a U.S.

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Technology & Marketing Law Blog

MARCH 29, 2023

The Board is using the parameters of the Copyright Law for damages, which means we can rely on the case law to understand that. Prior Blog Posts on the CCB Copyright Claims Board (CCB) Default Notices (Guest Blog Post–Part 2 of 3) Copyright Claims Board (CCB) Opt-Outs – How’s That Going?

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Plagiarism Today

AUGUST 10, 2022

The Assess Tool also provides a basic fair use analysis and helps to make sure that the use isn’t covered under any other exceptions to copyright law. So, if you want to register a blog post, you’ll first have to either export it or save it as a file on your computer. The first is sending a cease and desist letter.

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Erik K Pelton

JULY 14, 2022

The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content. 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. And that is a specific, important phrase in copyright law.

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Social Media Copyright Cease and Desist Contracts 147

The IP Law Blog

JULY 30, 2021

In this week’s episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet.

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Music Copyright Fair Use Copyright Law 98

SpicyIP

FEBRUARY 28, 2025

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Hence, through their operational frameworks, the platforms complained of were alleged to infringe the copyright, and broadcasting rights held by Star India. [This post is authored by Tanishka Goswami.

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IP Copyright Infringement Copyright Copyright Law 59

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. For a blog post detailing the hearing before the court see here. You can read the previous round-ups here.

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JD Supra Law

APRIL 26, 2023

World Programming Limited, which effectively denied copyright protection to SAS Institute’s data analysis software. The decision is likely to have lasting implications for developers that seek to protect software through copyright law. By: Pillsbury - Internet & Social Media Law Blog

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Social Media Copyright Copyright Law Blogging 98

The IPKat

FEBRUARY 11, 2025

News InternKat Asude Sena Moya has been accepted into a PhD program in law at Sun Moon University in the Republic of Korea. Her research focuses on copyright law and Artificial Intelligence, exploring the evolving intersection of technology and intellectual property.

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Intellectual Property Patent Drafting IP Copyright Law 63

Plagiarism Today

JULY 27, 2021

The reason is that the track has faced not one, but two separate allegations of plagiarism, with many fans and critics alike wondering if the band may have run afoul of copyright law. The composer of Towering Catastrophe , Nakamura Kojo, took to his personal blog and addressed the issue.

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Technology & Marketing Law Blog

MAY 15, 2024

Combining these two holdings, it concluded: “we must apply the discovery rule to determine when a copyright infringement claim accrues, but a three-year lookback period from the time a suit is filed to determine the extent of the relief available.” This Court could clarify that and do good in providing uniform administration of copyright law.

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Music Blogging Copyright Ownership 105

SpicyIP

FEBRUARY 17, 2025

Akshat Agrawal is a Senior Associate at Saikrishna and Associates and has previously written on the blog here. Sneha is a Partner at Saikrishna and Associates and leads their Artificial Intelligence and Law Practice. The Court’s analysis reveals a misunderstanding of how technological innovation intersects with copyright law.

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Copying Fair Use Copyright Copyright Law 69

IP and Legal Filings

MARCH 30, 2024

In addition, concerns have been raised regarding the authenticity and possession of the artwork, the involvement of the artist, and the authorship and ownership of its copyright in relation to the integration of artificial intelligence into the artistic process. The position will subsequently be examined in light of Indian law on the blog.

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Technology & Marketing Law Blog

AUGUST 30, 2021

The ruling overturns a “seismic” district court ruling from 2014 that I wrote about in a previous blog post , one that “threaten[ed] to undo a 75-year-old consensus that state law does not provide a public performance right for sound recordings.” See my previous blog post on the New York ruling.) Flo & Eddie, Inc.

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Patently-O

DECEMBER 28, 2023

Later, the defendant Liu, a blogger, published the image in a blog post without Li’s permission, removing his username and platform watermark. Li sued for copyright infringement. Judges emphasized that copyright law aims to encourage human creativity.

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Copyright Copyright Law Copyright Infringement IP 139

Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Without this, fanfiction could technically violate copyright laws.

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Intellectual Property Copyright Law Copyright Law 52

Kluwer Copyright Blog

APRIL 2, 2024

The object of copyright protection is not the thought (idea) underlying the work as such, but only the personal physical shaping of the idea. Based on the fundamental principle of this idea-expression dichotomy, mere ideas, including film ideas, are not protected by the Austrian Copyright Law.

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