Technology & Marketing Law Blog

MAY 13, 2024

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. That’s what copyright law is for.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

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.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Frankly, if Barlow & Bear’s work doesn’t infringe Netflix’s exclusive right to create derivative works under copyright law, I’m not sure what would. Even better, it’s in the public domain.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 98

IP Intellectual Property Social Media Cease and Desist 98