Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The bill tackles issues such as equitable remuneration for streaming, contract adjustment, right of revocation and transparency.

Copyright Law 121

Copyright Law Law Copyright Reporting 121

Michael Geist

DECEMBER 3, 2024

It has already entered into licensing agreements with several content creators, including other news media organizations.” Instead, they point to how much they have produced or licensed with the assumption that it is all scraped by OpenAI. Doubts About the Copyright Claims The copyright claims themselves will face a stiff challenge.

Settlement 112

Settlement Copyright Licensing Copyright Infringement 112

Erik K Pelton

JULY 14, 2022

One is the contract with the individual or individuals doing the work who help create content; and two is the type of content that they create and where they get photos from, in particular. First, contracts. And that is a specific, important phrase in copyright law. Make sure you have proper contracts.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

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.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Velocity of Content

DECEMBER 14, 2023

Fast-paced organizations that rely on and invest heavily in R&D should not only regard published content as the heart of innovation, but also possess a deep appreciation of the system of copyright protecting this intellectual property. How Do Different Departments Use the Annual Copyright License?

Licensing 98

Licensing Copyright Publishing Journalism 98

JD Supra Law

APRIL 30, 2024

Many professionals in construction and property development are well versed in contract law, safety regulations, insurance law, and the like. Yet the law that governs ownership and use of architectural works—principally, copyright law—often is not well known even among seasoned veterans of development and construction.

Designs 75

Designs Design Licensing Ownership 75

Intepat

OCTOBER 23, 2024

This article delves into the intricate relationship between copyright and moral rights, highlighting their significance in protecting creators’ integrity, especially in the digital age. Copyright law primarily focuses on the economic rights of creators, granting them exclusive control over the use and distribution of their works.

Moral Rights 52

Moral Rights Copyright Intellectual Property Copyright Law 52

Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. It’s a simple idea, but one that hasn’t taken off yet.

Copyright 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

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 102

Licensing Non-Fungible Tokens Copyright Copying 102

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.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

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

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). Learn more about NFT licensing.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

IPilogue

JUNE 14, 2022

At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music 119

Music Contracts Licensing Ownership 119

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

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

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

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

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. The defense argued that a requirement to obtain copyright licenses conflicts with the norms in the tattoo artist community. Copyright in Tattoos. Background.

Copyright 145

Copyright Social Media Fair Use Licensing 145

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. 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. How to Create an NFT License Agreement.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Copying Ownership 97

TorrentFreak

DECEMBER 19, 2022

Fraud has been the key charge in several big UK piracy cases over the last few years, despite the key offenses having a direct link to copyright law. “These provisions may include breach of contractual terms, fraud or secondary copyright infringement depending on the circumstances.” So what else is on the table?

Intellectual Property 145

Intellectual Property Contracts Government Copyright Law 145

TorrentFreak

SEPTEMBER 22, 2022

Every time he signed back up he breached Bungie’s Limited Software License Agreement (LSLA), Bungie said. Bungie calls this ‘cheat software” and according to Mann, the company has been trying to “shoehorn” its use into a recognized cause of action, such as copyright infringement and/or breach of contract.

Copyright Infringement 138

Copyright Infringement Contracts Licensing Copyright 138

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

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. Copyright Law and DRM. Still, here’s the relevant section.

Copying 145

Copying Social Media Licensing Technology 145

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

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. The Difference Between An Endorsement & A License. Copyright Licensing as a Form of Permission.

Marketing 81

Marketing Marketing Branding Brands 81

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Complaint at 2.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Intellectual Property Law Blog

MARCH 13, 2024

copyright law does not expressly provide for such renumeration, these opportunities depend on the code underlying the NFTs and the rules of the platforms on which they’re sold rather than any statutory entitlement. NFTs may offer opportunities for U.S. artists to obtain remuneration from downstream resales of their works (a.k.a.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Kluwer Copyright Blog

FEBRUARY 28, 2024

Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn. Copyright law has always been an emotional topic. For a full list, see here. Fuelled by AI concerns, it becomes borderline explosive.

Copyright Law 64

Copyright Law Copyright Law Music 64

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

Kluwer Copyright Blog

MARCH 16, 2022

The consultation sought views on the prospects for facilitating patent and copyright protections for “inventions and creative works which are made by AI”, and for making easier the use of copyright-protected material by AI in innovation and research, through alternative approaches to licensing and text and data mining (TDM) exceptions.

Licensing 98

Licensing IP Intellectual Property Intellectual Property Law 98

SpicyIP

JANUARY 16, 2022

On 8 December 2021, the Madras High Court delivered an important judgment concerning copyright law. The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies. Lemon Tree Hotels Limited (2019 SCC Online Del 6568). .— (1)

Technology 91

Technology Licensing Artistic Work Business 91

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. The label can then license the music and receive a portion of the royalties.

Copyright Law 45

Copyright Law Copyright Law Music 45

Technology & Marketing Law Blog

AUGUST 12, 2021

Finally, the court says there is a real possibility of market harm to Nicklen’s work: However, the Sinclair Defendants’ use of the copyrighted video, if widespread, would harm the licensing market for Nicklen’s video. But isn’t all of copyright law form over substance? Breitbart News.

Social Media 140

Social Media Copyright Fair Use Licensing 140

IP and Legal Filings

JULY 21, 2022

Copyright ensures certain minimum rights and it has never been an absolute right. If copyright protection is applied rigidly, it will hamper progress of the society. Along a similar line, the USA also offers blanket licensing through the national RRO (Reproduction Rights Organization). The number suggests its misery.

Copyright 98

Copyright Licensing Higher Education Copying 98

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? For that, you’d need an assignment or license from the owner of the underlying copyright. You Should Probably Read The License. NFT enthusiasts envision a fictional world of fan-owned creative properties and character crossovers. Definitely.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

Copyright Lately

MAY 7, 2021

Jeff Miller and Sasha Jenson—licensed rights to Warner without Duthie’s participation. 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

OCTOBER 19, 2021

With respect to copyright, the court says: “Plaintiffs do not rely on copyright protection for their websites in pleading their claim…Plaintiffs are not asserting infringement of any right to the reproduction, performance, distribution, or display of their websites. We need to know more about this license.

Licensing 105

Licensing Copyright Contracts Advertising 105

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52