Michael Geist

DECEMBER 3, 2024

The filing literally says “ the full particulars of when, from where, and exactly how, the Works were accessed, scraped, and/or copied is within the knowledge of OpenAI and not the News Media Companies.” This isn’t me speculating. Much like Bill C-18, it would not surprise if coverage of the case sided with Canadian media companies.

Settlement 112

Settlement Copyright Licensing Copyright Infringement 112

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). Guy Rub , The Ohio State University Michael E.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

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. — For the claims related to illegal selling of scraped data, the court dismissed those because they were preempted by copyright.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

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. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Copyright Lately

NOVEMBER 21, 2021

While the Copyright Act gives the copyright owner the exclusive right to reproduce and distribute a digital file containing a copyrighted work, there’s no such thing as the “exclusive right to mint an NFT” as far as copyright law is concerned. This is, after all, supposed to be a copyright case.

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

Intepat

DECEMBER 5, 2024

Infringement extends beyond counterfeit goods to broader concerns such as unauthorized use of copyrighted material. For instance, virtual concerts in the metaverse, where avatars perform popular songs, may violate music copyright laws unless proper licensing agreements are in place. Finally, fostering user awareness is key.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

SpicyIP

JANUARY 12, 2022

The judgment notes that the plaintiff did not, in fact, claim that the defendant had copied his screenplay and did not claim originality in any one element or that there was a shot-by-shot reproduction. However, the plaintiff also did not argue that his arrangement of the plot was substantially copied by the defendant.

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Confidentiality Copyright Infringement Copyright Law 138

43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

The IPKat

APRIL 15, 2024

The prompt used by the claimant in this case had been: “ Create a visual representation of two parties signing a business contract in a formal setting, such as a conference room or a law firm office in Prague. Show only hands. ” The claimant subsequently placed the image which had been generated by DALL-E (the Image) on its website.

Copyright 145

Copyright Copying Copyright Infringement Contracts 145

Copyright Lately

OCTOBER 6, 2024

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. And contrary to popular belief, no one needs to acquire “life rights” to tell those stories.

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Art Copyright Copying Copyright Law 125

IPilogue

OCTOBER 4, 2024

His chapter probes the future of copyright law, attempting to turn the focus of copyright to collaborative authorship. Damola Adediji is a Visiting Researcher with IP Osgoode and Doctoral Candidate with the Centre for Law, Technology & Society at the University of Ottawa.

Copying 75

Copying Ownership Graphic Design Copyright 75

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

Copying 98

Copying Ownership Derivative Work Contracts 98

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. The NFT is a smart contract coded with the NFT. the Bored Ape or CryptoPunk). The digital asset.

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Non-Fungible Tokens Licensing Copying Ownership 97

The IPKat

AUGUST 22, 2023

This is a review of Poorna Mysoor ’s Implied licences in copyright law (Oxford University Press, 2021). As the title suggests, this book consists of a detailed analysis and explanation of instances where it is possible to imply a copyright licence in response to or as a defence to an allegation of copyright infringement.

Copyright Law 52

Copyright Law Copyright Law Contracts 52

Copyright Lately

OCTOBER 20, 2024

He dismissed American’s claims for breach of user agreement, conditions of carriage (the rules governing air travel), and tortious interference with contract, ruling they were barred by the statute of limitations. In the meantime, below is a copy of the jury’s verdict form to peruse on your next flight.

Copyright 83

Copyright Fair Use Social Media Business 83

TorrentFreak

JUNE 22, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. “Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write.

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Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 139

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” Copyright in Tattoos. Background.

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Copyright Social Media Fair Use Licensing 145

TorrentFreak

FEBRUARY 17, 2023

On one hand, unauthorized mass copying and distribution of movies, TV shows, and music is widely recognized as copyright infringement. The general consensus is that copyright law favors the publishers, but in a recent motion to dismiss, Elbakyan had other things on her mind too.

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Publishing Ownership Copyright Copying 142

LexBlog IP

DECEMBER 17, 2021

In legal terms, those rights are intellectual property (IP) rights such as copyright, patents, and trademarks, confidentiality obligations, and contract rights. Each IP right has its own rules, and applying those rules to data leads to a complex, multi-layered analysis where the law can be unsettled and uncertain.

Copyright Law 52

Copyright Law Law Copyright Intellectual Property 52

Technology & Marketing Law Blog

JUNE 11, 2022

Apple also seeks summary judgment on whether it can be held liable for copyright infringement for “making available”—as opposed to actually selling—the compositions. Although courts have divided on this issue, I conclude that the copyright laws support this theory of liability on the facts of this case.

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Copyright Copying Copyright Infringement Copyright Law 124

TorrentFreak

JULY 28, 2022

copyright law,” the wrote. As a result, the ISP can use the Copyright Alert System argument in court. The same is true for allegations that some smaller artists are being exploited by music companies through terrible contracts. From: TF , for the latest news on copyright battles, piracy and more.

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Music Copyright Contracts Copyright Law 145

JIPEL Copyright Blog

APRIL 23, 2021

To get around the tangle of copyright law. There are two types of copyright registrations available for music: composition rights, which can cover lyrics and sheet music, and sound recording rights, which cover the actual recording of the song.

Copyright Law 45

Copyright Law Copyright Law Music 45

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Image Sources : Gettyimages] One of the important issues in online is copyrights.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

The IP Law Blog

JANUARY 19, 2023

Genius sued Google for breach of contract over music transcriptions. The petition states that the Court must clarify whether the Copyright Act’s preemption clause permits a plaintiff to use “state-law contract remedies to enforce a promise not to copy and use its content.” Next up, we have Genius v.

Copyright 97

Copyright Trademark Fair Use Contracts 97

TorrentFreak

JULY 8, 2024

For example, the organization spent $1,548,693 on upgrades for its hardware infrastructure, and an additional $608,069 for a two-year Cloudflare contract that helps to protect the service against malicious outside attacks. While OCLC may very well have the law on its side, enforcing it may turn out to be quite the challenge.

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Publishing Privacy Contracts Copyright Law 142

TorrentFreak

MAY 29, 2023

million copyright infringement damages award in hand, and suddenly cooperative defendants helping to unveil others involved in the circumvention of Bungie’s technological protection measures. By June 2022, Bungie had a $13.5

Copyright 145

Copyright Privacy Settlement Copyright Infringement 145

The IP Law Blog

MARCH 31, 2022

Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties.

Contracts 96

Contracts Law Artwork Copyright 96

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. If copyright protection is applied rigidly, it will hamper progress of the society.

Copyright 98

Copyright Licensing Higher Education Copying 98

Technology & Marketing Law Blog

AUGUST 12, 2021

Under the Copyright Act, display. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. But isn’t all of copyright law form over substance?

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Social Media Copyright Fair Use Licensing 140

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Buying Copyrights. The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. Buying Objects ? Definitely.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

Copyright Lately

MAY 7, 2021

As Warner points out, just because a lawsuit may involve a copyrighted work, this doesn’t mean that it necessarily arises under the Copyright Act. Accounting Claims Between Copyright Co-Owners Don’t Arise Under Copyright Law.

Ownership 90

Ownership Copyright Copyright Law Television 90

Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” 22-cv-7074-JST, ECF No.

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Blogging Licensing Privacy Copyright Notice 132

Traverse Legal Blog

MARCH 3, 2021

Risks for all stakeholders include FTC Part 255 regulations for endorsements and influencer contract drafting and, in this game, one of the things we’re going to be talking about is, you know, intellectual property. These are the contract terms that are the most obvious to all the stakeholders in the influencer-marketing game.

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Marketing Marketing Branding Brands 81

TorrentFreak

APRIL 11, 2023

Uberspace Responds to Court Verdict For starters, Pasche still doesn’t believe that it’s clear that youtube-dl violates copyright law. German law requires hosting companies to remove the content as soon as they learn about ‘clear’ or ‘obvious’ illegal activity. .

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Music Fair Use Copyright Law Law 145

Technology & Marketing Law Blog

NOVEMBER 30, 2022

According to Defendants’ policies, Defendants reserve the right “to remove or block access to, either permanently or temporarily, any files which [Defendants] suspect[ ] or which a third party alleges are associated with a violation of the law[.]”. Some lowlights from the opinion: Direct infringement.

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Copyright Advertising Advertising Copyright Infringement 139

Kashishipr

JUNE 23, 2021

It is a popular saying that “if it is worth copying, it is worth protecting.” ” Therefore, the domain of big data cannot escape the interplay of IP laws in its administration and protection against third parties. Where does IP come from in the Said Scenario?

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Intellectual Property Invention IP Copyright 98

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 82

Artwork Contracts Art False Advertising 82