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

The IPKat

OCTOBER 14, 2024

The musical rights in question are subject to voluntary collective management rights, so SGAE cannot be attributed the management of rights of authors who have not signed a management contract with them. 2 of the Spanish Act on the Defence of Competition and Art. 102 of the TFEU. 2 of the Spanish Act on the Defence of Competition and Art.

Contracts 63

Contracts Music Licensing Art 63

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

Technology & Marketing Law Blog

FEBRUARY 15, 2025

Copyrightability The case sets up one of the longstanding open questions in copyright law: when are form contracts copyrightable, and when is sharing them infringing? ” Due to that concession, questions about the copyrightability of form contracts will continue to fester. As such, defendant made the Forms available.”

Contracts 52

Contracts Copyright Licensing Copyright Notice 52

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 137

Non-Fungible Tokens Cinema Contracts Fair Use 137

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

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

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

Plagiarism Today

AUGUST 23, 2022

In that regard, The Galaxy study mirrors one by Cornell University and the Initiative for CryptoCurrencies and Contracts that was published in January. Simply put, the legal issues of copyright ownership are complicated even under the best of circumstances, and NFTs are far from the best of circumstances.

Copyright 279

Copyright Ownership Intellectual Property Technology 279

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 Design Designs 125

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

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

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

Plagiarism Today

SEPTEMBER 28, 2021

As with many aspects of copyright, the only way to get a definitive answer on a fair use question is to have a case go to court and have either a judge or a jury decide the outcome. Even then, each image could introduce new variables that could change the outcome.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

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

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

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. But the present draft clearly reaches such content. [2] 3] The current chair’s draft contains a national treatment clause (article 5.2) See Love 2023. 12–Tech.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

Copyright Lately

NOVEMBER 21, 2021

But the less-shiny reality is that this is primarily a contract dispute—a fight about whether the publication rights Quentin Tarantino reserved in his agreement with Miramax include the right to sell digital screenplay scans. Below is a copy of Miramax’s complaint against Tarantino (along with a full copy of his contract).

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

The IP Law Blog

MAY 27, 2021

District Court for the Southern District of New York over the use of the Corona trademark for Corona Hard Seltzer and for breach of contract, alleging that Constellation only has the right to sell beer products, not hard seltzer, under the Corona brand. Modelo sued Constellation in the U.S.

Licensing 103

Licensing Branding Branding Brands 103

SpicyIP

JUNE 14, 2023

Holding of the Court A breakdown of the analysis in the judgment indicates that the Court proceeded in the following steps: First, the definition of a literary work [S. The third proviso deals with work made in the course of the author‘s employment under a contract of service or apprenticeship.

Publishing 98

Publishing Ownership Licensing Contracts 98

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

The IPKat

NOVEMBER 15, 2022

Enforcement in blockchains The classical definition of blockchain is that of a distributed ledger technology whose main feature is to be immutable: it is impossible to manipulate or delete data after it’s been validated and placed into the Blockchain. As anything else which is written on a blockchain, the smart contracts, once deployed (i.e.,

Contracts 82

Contracts Non-Fungible Tokens Technology Advertising 82

The IPKat

JULY 17, 2024

To be duly assigned, the composer must execute a contract solely for the purpose of the assignment, or have an assignment clause embedded in the contract between the government and the winning composer. The key question is whether the anthem can be said to have been created "under the direction or control" of the government.

Copyright 120

Copyright Public Domain Government Ownership 120

Technology & Marketing Law Blog

FEBRUARY 14, 2024

The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S.

Contracts 98

Contracts Advertising Advertising Privacy 98

Kashishipr

APRIL 20, 2022

” After going through all the definitions mentioned above, we can say a trade secret refers to any piece of info or data relating to a brand or business that is generally not known to the public at large and for which its owner puts in a sincere effort to maintain its confidentiality.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119