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.

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Blogging Contracts Copyright Law Copyright 92

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. Copyright law is especially crucial in the entertainment sector for safeguarding movies, TV series, songs, screenplays, and literary works.

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Intellectual Property Cease and Desist Copyright Law Music 52

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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Blogging Copyright Contracts Cease and Desist 80

Velocity of Content

JUNE 20, 2022

But there is great excitement in the billion-dollar market for these digital images, which were launched in April 2021 and count singers Justin Bieber and Madonna among their celebrity owners. Fred Simian –the deal included licensing rights, and Green created a television show to feature Fred. Cryptocurrency and Cryptic Copyright.

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Copyright Contracts Television Licensing 52

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. the Bored Ape or CryptoPunk).

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Non-Fungible Tokens Licensing Ownership Copying 97

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

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Copyright Social Media Fair Use Licensing 143

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). licenses for specific uses). However, it is only a first step towards making user’s rights a reality.

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Plagiarism Today

AUGUST 2, 2022

However, those familiar with copyright law, immediately began to point out flaws in the plan. The issue got so bad that Cent, one of the largest marketplaces for NFTs, shut down nearly all NFT sales over “rampant” issues with copyright infringement and plagiarism. It’s a simple idea, but one that hasn’t taken off yet.

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Copyright Non-Fungible Tokens Technology Plagiarism 245

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire.

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Music Art Licensing Copyright 98

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.

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Social Media Copyright Fair Use Licensing 140

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.

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LexBlog IP

MARCH 13, 2024

The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights. NFTs may offer opportunities for U.S. artists to obtain remuneration from downstream resales of their works (a.k.a.

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Reporting Non-Fungible Tokens IP Intellectual Property 52

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. The price that a copyright owner may deem to be “fair” is not always one that users of the work are willing or able to pay. Way Forward.

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Copyright Licensing Higher Education Copying 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.

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Licensing Copyright Contracts Advertising 90

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. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Copyright Law and DRM.

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Technology & Marketing Law Blog

MAY 27, 2023

The court summarizes the case: “plaintiffs allege that YouTube has violated the copyright laws by withholding broad access to Content ID… Plaintiffs also allege that YouTube automatically strips metadata out of uploaded videos, including copyright management information (CMI), which makes it harder to catch infringing conduct.”

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Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. Deterrent to Infringement – A copyright registration could act as a deterrent against potential infringement.

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Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

NOVEMBER 28, 2023

Meme Culture Meets Copyright Law: A Guide for Businesses & Creators Memes, often humorous media fragments that spread rapidly through online sharing, are a global phenomenon that have made their way into mainstream culture. All meme-like images in this article are properly licensed. Are Memes Dangerous? Yes and no.

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Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v. Ltd, et al.-

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Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

NOVEMBER 23, 2023

With respect to Ronaldo’s fans and football critics, it required a lot of clarity in terms of sports marketing and publicity rights to understand the situation but Ronaldo’s Representative said on the issue, It was a strategic move to take Cristiano Ronaldo’s brand to the next level, especially in Asia Continent.

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SpicyIP

OCTOBER 28, 2022

Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books. We are not aware of the exact terms of this contract and the specific rights licensed to Pocket FM.

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Copyright Copyright Infringement Licensing Fair Use 126

The IPKat

SEPTEMBER 3, 2022

Bowrey argues that the rise in availability and popularity of crime, mystery and detective stories was sponsored by changes to copyright commercialisation practices, which facilitated the full potential of modern copyright law to be exploited internationally. Chapter 6, ‘Why does a gramophone maker deserve a copyright?

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Copyright Music Intellectual Property Marketing 95

Traverse Legal Blog

MARCH 3, 2021

There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands. Seems simple right?

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Marketing Marketing Branding Brands 81

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections. The post Another Rough Copyright Ruling for Internet Access Providers–Bodyguard v.

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Copyright Advertising Advertising Copyright Infringement 128

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Build your market reputation. Trademarks. Make intangible assets.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

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Music Copyright Licensing Fair Use 76

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 rapporteur is very well-known to all copyright enthusiasts – Mr Axel Voss. Photo by Markus Spiske on Unsplash. CDSM Directive implementation.

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Copyright Law Copyright Law Reporting 112

The IP Law Blog

AUGUST 25, 2022

The Court also found it significant that VNG had “contracted with U.S. law and, at the very least, affect U.S. and noted that it had signed license contracts with various U.S. market” by VNG. Furthermore, the app had been downloaded more than 320,000 times in the U.S. businesses in conjunction with Zing MP3.”

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Copyright Infringement Copyright Contracts Music 98

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

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Copyright Public Domain Marketing Marketing 52

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Before using someone else’s creation, consider how your actions will affect its market worth. Always exercise caution and, if in doubt, seek legal advice on copyright regulations. Look for those that have Creative Commons licensing so they can be used commercially. Public domain resources as a starting point.

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Copyright Infringement Copyright Public Domain Copying 52

IP and Legal Filings

NOVEMBER 30, 2022

The valuation of the IP that is used as collateral must be done using the following approach: Cost approach; Market approach; Revenue approach: and/or. Collateral between the investor and the creative economy actor can be in the form of: Fiduciary guarantee of intellectual property; A contract for creative economic activities; and/or.

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IP Intellectual Property Business Government 52

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

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Copying Copyright Law Copyright Social Media 102

Kluwer Copyright Blog

JUNE 14, 2021

While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed, save for a positive opinion of the European Copyright Society.

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Contracts Art Copyright Law Copyright 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

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Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

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Contracts Copyright Law Cease and Desist 98

The IPKat

JUNE 26, 2022

Abstracts, no longer than 300 words, should be sent to copyrightflexibilities@gmail.com by 30 June 2022. If you have missed the conference, it is still possible to catch up as the recorded version is available on their website.

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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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