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.

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Kluwer Copyright Blog

NOVEMBER 25, 2021

They have taken work away from lawyers by writing contracts. This is what would happen if copyright were interpreted as protecting AI machine productions that have no human cause. [1]. To be clear, this is a debate about applying copyright law to the outputs of AI machines. More from our authors: Law of Raw Data.

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Indiana Intellectual Property Law

SEPTEMBER 22, 2023

The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. The Plaintiffs also claim that the contract granted Cardinal a limited, irrevocable, and nonexclusive license to use the drawings, specifications, calculations, etc. Continue reading

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Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

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SpicyIP

SEPTEMBER 12, 2024

Image from here Book Review: Modern Law of Copyright in Singapore By Prashant Reddy T. Earlier this year, the Singapore Academy of Law published a treatise on Singapore’s new copyright law enacted in 2021. The treatise is structured like any other in common law countries.

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Kluwer Copyright Blog

FEBRUARY 13, 2022

We soon realized that information about the changes to copyright law over time – which would be especially useful for empirical studies – was lacking. There have been many studies describing differences in copyright exceptions between countries, such as those by Seng , Crews , Hilty & Nérisson , and the WIPO Secretariat.

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IPilogue

JULY 9, 2021

Professor David Vaver is a Member of IP Osgoode’s Advisory Board and a Professor of Intellectual Property Law at Osgoode Hall Law School. . Many contracts assigning IP have detailed provisions dealing with the incidents of the assignment. v Hologic, Inc., 594 US (2021). For example, in the U.K. ,

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The IPKat

FEBRUARY 3, 2023

6-7 April 2023: “From the DMCA to the DSA: A Transatlantic Dialogue on Online Platform Liability and Copyright Law” The Berkeley Center for Law and Technology will hold its 27th annual symposium, on 6 and 7 April 2023, at the International House, UC Berkeley. Click here and here to know more. Click here to know more.

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The IPKat

MARCH 10, 2024

2024 European Copyright Society (ESC) Conference on conflict and trust in the European copyright system (24 May) The 2024 ECS conference will address current conflicts over the scope and enforcement of European copyright law and look for ways to resolve them in a trustworthy manner and with a balanced outcome.

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The IPKat

DECEMBER 6, 2021

CIPLITEC | Center for Intellectual Property Law, Information and Technology Copyright 2030 – “ The Future of the Creative Ecosystem in Europe ” (9 December 2021) CIPLITEC's interdisciplinary group of leading academics is organizing an online event on 9 December 2021 from 17:30 to 19:30 (CET).

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Kashishipr

JUNE 23, 2021

Copyright comes into the picture since the law safeguards the computer software and programs that are used to collect and analyze big data. Also, the European Union has a Database Directive in place as an initiative to harmonize Copyright Protection offered to databases in all Member States alike.

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Kluwer Copyright Blog

MARCH 16, 2022

The existing TDM exceptions under UK copyright law. For the exception to kick in the person must have “lawful access” to the work and any copy must be accompanied by “sufficient acknowledgement”. However, the exception is imperative, in the sense that rightholders cannot contract out of it. by Christopher Heath. €

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IPilogue

OCTOBER 4, 2024

His chapter probes the future of copyright law, attempting to turn the focus of copyright to collaborative authorship.

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IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book.

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Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents).

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LexBlog IP

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

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The IPKat

SEPTEMBER 29, 2022

Ubertazzi was one of the leading intellectual property academics in Italy (as well as a great lawyer), founder and editor of the most important Italian copyright journal (AIDA) and editor and author of the most widely used Commentary on Italian intellectual property laws.

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Intepat

JUNE 15, 2023

It thus becomes crucial for them to safeguard their creations through effective intellectual property laws. Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection? Who owns the copyright?

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Kashishipr

JULY 14, 2021

Copyright and Recipes. Copyright Law protects works underlying original works of authorship, which are fixed in a tangible medium, and therefore, may include literary, dramatic, musical, and artistic works. For more visit: [link].

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TorrentFreak

NOVEMBER 12, 2022

. “You must ensure that you do not place digital advertisements on websites providing unauthorized access to copyrighted content and must take all reasonable steps to ensure that third parties with whom you contract do similar,” the regulator warns. Free.fr: The website of French Internet service provider Free.

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Kluwer Copyright Blog

FEBRUARY 28, 2022

17 of the DSM Directive, the Directive stipulates that online content sharing service providers like YouTube or Vimeo are now also responsible under copyright law for user uploads, if these providers fail to meet certain obligations. 8 UrhDaG); general responsibility under copyright law for user uploads is established in Sec.

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Intepat

OCTOBER 23, 2024

Retroactive and Prospective Assignment Agreement A prospective transfer of intellectual property rights (IPRs) is dependent on the occurrence of future events and is most commonly used in copyright law. Similarly, for Copyright law, the assignment agreement should be in writing and duly executed.

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Technology & Marketing Law Blog

DECEMBER 13, 2024

And while Giffords posts are protectable under copyright law, works like a photo of feet near a stores welcome mat or a curated list of items for sale on Amazon reflect minimal creativity and should be subject to only thin protection and therefore difficult to infringe. Sheil moved to dismiss six of the eight causes of action.

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Kluwer Copyright Blog

APRIL 20, 2022

More than being an empty statement, the newly proposed right entrenches the user safeguards embedded in the liability regime and is actually intended to prevent a service from disabling access to lawful content with reference to the safe harbour; i.e. by citing provisions which are inherently intended to protect copyright (Ds 2021:30, p.

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Kluwer Copyright Blog

JANUARY 17, 2024

Much has been written about the legal challenges and qualifications of the training process (knowing whether it’s legally permissible to train these models on copyright-protected material) and the outputs of these models (especially if there is copyright in the results generated) see here , here , here and here.

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Barry Sookman

MARCH 29, 2020

Computer and Internet Weekly Updates for 2020-03-21 [link] 2020-03-22 Commissioner issues guidance on privacy and the COVID-19 outbreak [link] 2020-03-23 Canada's cyber spies taking down sites as battle against COVID-19 fraud begins [link] 2020-03-23 Looking to temporarily lay off staff during the coronavirus crisis?

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The IPKat

APRIL 19, 2023

Put succinctly, the CJEU ruled in that case that the EU Charter does not allow a Member State to limit, through its own national law, fundamental EU rights, even if that limitation is based on the possibility given to contracting parties (in that case: the WIPO Performances and Phonograms Treaty (WPPT).

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IP and Legal Filings

APRIL 26, 2023

According to Section 2(d)(v) of the Copyright Act, the producer of a cinematograph film is considered the work’s creator. [1] This preference for producers in copyright law has recently been questioned. As per section 18(1), the author, not the copyright holder, is entitled to receive royalties.

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Barry Sookman

JULY 17, 2022

IT Contracts: The £80 Million Pound Question: Wasted Expenditure [link] … The post Computer and Internet Weekly Updates for 2022-07-16 appeared first on Barry Sookman. Publishers are out for blood against Internet Archive [link] 2022-07-11.

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Barry Sookman

JULY 11, 2021

Detailed analysis by the court of principles related to contract formation 2021 BCSC 1222 (CanLII) | Wang v Jin | C… [link] 2021-07-04. Computer and Internet Weekly Updates for 2021-07-03 [link] 2021-07-04. Tort of intrusion upon seclusion founded on recklessness allowed to proceed by Divisional Court, Owsianik v. Equif… [link] 2021-07-04.

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Barry Sookman

NOVEMBER 27, 2022

no implied term of non infringement in design contract, what about an implied condition of title? Orders In Council – implementing term extension to Copyright Act now in force. Computer and Internet Weekly Updates for 2022-11-19 [link] 2022-11-20. 2022 BCPC 228 (Ca… [link] 2022-11-22. link] 2022-11-23.

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Barry Sookman

APRIL 3, 2022

The Humanity of Copyright – Hugh Stephens Blog [link] 2022-03-27. online contract terms enforced by court, Scott v. Contempt penalty for streaming IPTV contrary to court order, probation 2022 ONSC 1710 (CanLII) | Dish Network L.L.C… [link] 2022-03-30.

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Barry Sookman

MARCH 27, 2022

Supreme court to decide whether to grant leave in the GoldTV copyright blocking order case this Thursday [link] 2022-03-21. Supreme Court also to decide whether to grant leave in the copyright retransmission case [link] 2022-03-21. Which AI Components Are Copyright Protectable?

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Barry Sookman

MAY 8, 2022

Delaware Court Issues Novel Ruling Clarifying Treatment of Cryptocurrency Assets When Evaluating Contract Damages [link] 2022-05-02. European court of justice finds that consumer associations can sue for enforcement of GDPR privacy obligations [link] 2022-05-01.

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IPilogue

SEPTEMBER 23, 2021

David Vaver is the Acting Director of IP Osgoode and a Professor of Intellectual Property Law at Osgoode Hall Law School. The following is a preview of a paper to be published in the Intellectual Property Journal. . 2 of the Copyright Act RSC 1985, c. The court applied s.

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Kluwer Copyright Blog

FEBRUARY 22, 2022

Other contributions have focussed on creators within these industries, and look to the interplay between law and practice, examining whether specific provisions in copyright are successful in their application. Craig emphasises how empirical studies exploring the connections between copyright and gender remain scarce in literature.

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Barry Sookman

MAY 21, 2023

Computer and Internet Weekly Updates for 2023-05-13 [link] 2023-05-14 What Gives You Hope Keeps You Fighting [link] 2023-05-14 Contracting for tech under the AI provisions of CPPA, AIDA and Law 25 [link] 2023-05-14 Here to Stay: Ontario Court of Appeal upholds referral to arbitration and clarifies stay analysis | McCarthy Tétrau… [link] 2023-05-14 (..)

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