Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 98

Contracts Privacy Registration Government 98

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26

Contracts 145

Contracts Blogging Technology Law 145

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Definitely don’t try to replicate Disney’s narrow escape if you can avoid it! But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this.

Contracts 98

Contracts Law Reporting Blogging 98

Traverse Legal Blog

NOVEMBER 25, 2024

Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. If the use of a copyrighted photo is related to commercial purposes, it is almost certain you have infringed.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Plagiarism Today

APRIL 4, 2022

In April 2021, researcher Jess L Gregory published an article entitled “ Plagiarism as a Social Contract, a New Way to Approach Plagiarism ”. For example, a student could write an article for their school paper, post content on social media and then turn in an assignment for their class, all three with different citation standards and norms.

Plagiarism 279

Plagiarism Social Media Contracts Copying 279

Kluwer Copyright Blog

MARCH 11, 2025

The users access to the work is safeguarded as long as the service is offered, and the user often does not have a right to enjoy the work after the subscription contract is terminated. Indeed, intellectual access to works in the public domain, their enjoyment and their use presuppose prior material access to these works.

Copyright Law 105

Copyright Law Public Domain Copyright Law 105

SpicyIP

MARCH 8, 2025

Further, the MoU also underscores the requirement of separate contracts of music directors and lyricists with producers whereby both will have the right to negotiate independently. practice where one would see singers and actors names being featured prominently and not the composers or the lyricists. As explained by Prof.

Moral Rights 91

Moral Rights Music Contracts Copyright 91

Technology & Marketing Law Blog

FEBRUARY 9, 2022

The court thus finds that the assets lost by the plaintiff were not kept in an “Account” The court rejects the breach of contract claim for any losses which hinge on the status of the “Account” as one subject to U.S. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

Contracts 111

Contracts Government Marketing Marketing 111

Plagiarism Today

AUGUST 5, 2021

Though there are definitely limitations on that given the nature of Strine’s contract and employment law more broadly, the message to the public has to be clear: Plagiarism will not be tolerated. Otherwise, that lesson is going to be very difficult to teach inside the classroom.

Plagiarism 246

Plagiarism Contracts Law 246

TorrentFreak

DECEMBER 10, 2021

In short, Defendants seek to capitalize, unilaterally, on Miramax’s rights to Pulp Fiction,” Miramax wrote , demanding damages for breach of contract, copyright infringement and trademark infringement. Taratino Fires Back. As expected, Tarantino isn’t backing down. ” Addressing the Allegations. Affirmative Defenses and Relief.

Non-Fungible Tokens 138

Non-Fungible Tokens Cinema Contracts Fair Use 138

BYU Copyright Blog

JANUARY 27, 2025

In its opinion, the court emphasized that copyright licenses are interpreted according to principles of contract law. The court found that the contract between the Professors and D'Youville included sufficient language to permit the use of the copyrighted material at issue.

Settlement 52

Settlement Contracts Derivative Work Litigation 52

Plagiarism Today

AUGUST 9, 2022

But it’s difficult to see how this could serve as definitive proof of ghostwriting or contact cheating without additional information. This may not be a game changer when it comes to stopping contract cheating in schools, but it is still progress, and it is still helpful, which is precisely why I wanted to highlight it here.

Plagiarism 264

Plagiarism Contracts Publishing Reporting 264

Plagiarism Today

APRIL 20, 2022

Copyright and breach of contract are just two other areas to consider. So while the ruling is definitely worth noting, it’s also not worth making too large of a deal about it. Where Does This Leave Us. The CFAA is far from the only law that governs web scraping. It just won’t likely be the CFAA that is used to find that.

Licensing 290

Licensing Government Copyright Plagiarism 290

The IPKat

JULY 14, 2022

In the notes, the EUIPO provides the following definition of NFTs: “ unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items ”. All this said, the EUIPO’s definition arguably presents some shortcomings.

Non-Fungible Tokens 111

Non-Fungible Tokens Artwork Editing Contracts 111

IPilogue

SEPTEMBER 2, 2021

American actress Scarlett Johansson, known for playing the Black Widow in Disney & Marvel’s The Avengers franchise, took action against Disney on July 30, 2021 for an alleged breach of contract involving the recent Black Widow film’s distribution. In contract law, ambiguity is addressed in several ways.

Contracts 105

Contracts Confidentiality Law IP 105

43(B)log

SEPTEMBER 3, 2021

25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. The court found that plaintiffs plausibly showed that ski passes were encompassed within the definition of “services.” Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D.

Contracts 59

Contracts Advertising Advertising Licensing 59

IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. Like any contract, a broadcasting agreement is entered between the concerned parties ascertaining their rights and obligations with respect to their content as a document enforceable in the eyes of law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

Technology & Marketing Law Blog

SEPTEMBER 30, 2024

The court characterizes the formation process as a “clickwrap,” which the court says usually create binding contracts. This court responds that Kauders “did not conclude that an online-service contract could never notify a customer of an arbitration provision. That’s the case here.

Contracts 98

Contracts Blogging Registration Law 98

IP and Legal Filings

AUGUST 4, 2022

In essence, the Double Tax Avoidance Agreement (DTAA) is a bilateral contract signed by two nations. Below are definitions for a few terms: Contracting State: The nation that signs a treaty. Enterprise of a Contracting State: Any individual or entity liable to pay taxes. Definition clauses. AIM OF TAX TREATIES.

Law 97

Law Contracts Government Business 97

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 125

Contracts Registration Designs Design 125

Kluwer Copyright Blog

APRIL 14, 2022

Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. The Italian transposition opted for quite a vague definition of extracts as “any portion of text that still requires the reading of the full press article [in order to be enjoyed]”.

Publishing 81

Publishing Contracts Social Media Art 81

IP and Legal Filings

APRIL 29, 2024

These organizations sign contracts with sportspersons, which govern the terms and conditions of their employment, including their salaries, bonuses, and other benefits. These contracts are typically signed for a specific period, and the terms may vary depending on the sport and the athlete’s performance.

Law 104

Law Contracts Government Art 104

Plagiarism Today

NOVEMBER 30, 2022

Furthermore, even though it took nearly a month to get to the final decision and the phrasing of the decision makes it seem like Gleeson left voluntarily, that may be part of the complexities of terminating someone like Gleeson, who likely has a unique contract for his work. This is a practical reality in journalism today.

Plagiarism 245

Plagiarism Journalism Publishing Reporting 245

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. What is web3, anyway?

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

IP and Legal Filings

JULY 16, 2024

There is no definite definition of trade secrets, it includes extensive range of information of commercial and technical nature. The Indian courts have regularly upheld the non-disclosure and confidentiality agreements but the focus majorly has been relied on the reasonableness of the restriction agreed in the contracts.

Confidentiality 96

Confidentiality Contracts Intellectual Property Business 96

Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging 98

Blogging Contracts Law Advertising 98

Kluwer Copyright Blog

JANUARY 31, 2022

Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons. According to the Dutch Supreme Court, the act of manufacturing (fixation) is essential to this definition.

Music 116

Music Editing Contracts Intellectual Property Law 116

Olartemoure Blog

FEBRUARY 2, 2021

Commercial agency contracts’ regulation in Colombia remains a challenge for both attorneys and clients. Such broad definition traditionally implies that almost every commercial relationship will end in a Commercial Agency litigation if not properly limited by the parties from its beginning.

Litigation 98

Litigation Contracts Intellectual Property Business 98

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IPilogue

JANUARY 9, 2023

Some work highlights for me personally were: drafting a procurement contract, investigating the Patented Medicines Prices Review Board (“PMPRB”) Draft Guidelines, and drafting a response to an Access to Information request. AstraZeneca is a global company, some contracts can require engaging in services in other countries.

Business 110

Business Privacy Contracts Confidentiality 110

TorrentFreak

APRIL 25, 2024

The definition also extends to any service where the consumer does not manage or control the underlying hardware but contracts with a third party for access. “This definition would capture services such as content delivery networks, proxy services, and domain name resolution services,” the proposal reads.

Privacy 145

Privacy Government Contracts Publishing 145

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Technology & Marketing Law Blog

JUNE 10, 2024

[Note: The majority opinion doesn’t expressly reference Uber’s post-Kauders vulnerability, but the dissent says: “It is undisputed that as a consequence of Kauders, no enforceable contract existed between Good and Uber before the evening of April 25, 2021.” ” The TOS links were clear, in blue, and underlined.

Contracts 98

Contracts Marketing Marketing Blogging 98

Traverse Legal Blog

APRIL 17, 2021

An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. That Smart Contract, that token that can have unique data associated with it. Few other sales of assets require you to search to find the contract terms.” “Who’s the owner?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Velocity of Content

DECEMBER 4, 2024

8 This definition of the right could loosely be used as a definitionof machine-learning when applied to the creation of literary and artistic productions because AI machines can produce literary and artistic content (output) that is almost necessarily “based upon”a dataset consisting of preexisting works. 17 U.S.C. § ↩︎ See id. ↩︎ See Jane C.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Technology & Marketing Law Blog

JANUARY 18, 2025

I thought the legality of embedding was definitively resolved when the Ninth Circuit reaffirmed the “server test” in the Hunley v. Instagram case (note: the 9th Circuit has reaffirmed Hunley twice). Plaintiffs are still regularly bringing lawsuits over embedding. Three embedding rulings, all from Tuesday: Richardson v.

Copyright 96

Copyright Social Media Licensing Fair Use 96

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts.

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98