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

Technology & Marketing Law Blog

FEBRUARY 15, 2025

In 2016, the defendant licensed the plaintiff’s Equine Boarding Forms Package, consisting of form releases for adults and minors. The license permitted the defendant to “copy, email and otherwise distribute the” forms but not post them to the web. The plaintiff is an Oregon law firm practicing equine law.

Contracts 52

Contracts Copyright Licensing Copyright Notice 52

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. While the definition of “Platform” includes “content,” it doesn’t appear to contain “User Content.”. The court flags that the parties did not submit any new evidence on the issue of whether Instagram intended a license. For example. Breitbart News.

Licensing 133

Licensing Fair Use Blogging Copyright 133

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. HitPiece, for example, started making NFTs based on music that they did not have the license to use. The big problem with NFTs turned out to be a dead obvious one.

Copyright 279

Copyright Ownership Intellectual Property Technology 279

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

43(B)log

SEPTEMBER 3, 2021

25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Defendants first argued that passes didn’t not qualify as “goods or services” under the CLRA, but were only temporary licenses, with services provided only ancillary to the license. Alterra Mountain Co.,

Contracts 59

Contracts Advertising Advertising Licensing 59

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

The IP Law Blog

MAY 27, 2021

In 2013, Constellation acquired perpetual, irrevocable, and exclusive license rights in the Corona marks, which gave Constellation the right to sell products under the Corona trademark. Constellation disagrees with Modelo’s position that hard seltzers are not allowed under its license. Modelo sued Constellation in the U.S.

Licensing 103

Licensing Branding Branding Brands 103

Greenspoon Marder LLP

OCTOBER 29, 2018

What happens to a trademark license when the brand owner goes bankrupt? The Court will seek to resolve a split in circuits as to whether a debtor-licensor can terminate a trademark license agreement by “rejection,” thereby taking back the trademark rights it licensed and precluding a licensee from using the trademark.

Licensing 52

Licensing Trademark Intellectual Property Contracts 52

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

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

SpicyIP

JUNE 14, 2023

Ray, and after him in his son Sandip Ray, who assigned it to the Society for the Preservation of Satyajit Ray Archives[SPSRA], from whom the defendant had secured a license to novelize the screenplay. 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

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

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. 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

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

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

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

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. According to the World Intellectual Property Organization (WIPO) , “trade secrets are intellectual property rights on confidential information which may be sold or licensed.” What is a Trade Secret?

Confidentiality 96

Confidentiality Contracts Intellectual Property Business 96

SpicyIP

JANUARY 16, 2022

The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies. Finding that Novex Communications (the assignee of the copyright) did not fall within the definition of the copyright society, the High Court dismissed its petition seeking for damages and injunction. .— (1)

Technology 91

Technology Licensing Artistic Work Business 91

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. Use of content posted to social media has generated many posts on this blog, starting with AFP v. Breitbart News.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Kluwer Copyright Blog

APRIL 18, 2024

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. Copyright: WIPO. See Love 2023.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

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. With respect to the Jordan video, I assume the video was infringing when uploaded to Twitter, which is why a license argument wouldn’t work. Townsquare Media, Inc., 2025 WL 89191 (S.D.N.Y.

Copyright 96

Copyright Social Media Licensing Fair Use 96

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Definitely.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

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

Traverse Legal Blog

NOVEMBER 25, 2024

Misinterpreting Licenses: Incorrectly assuming permission to use copyrighted material. 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.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Kashishipr

APRIL 20, 2022

In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 204(a) ).

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

The IP Law Blog

MAY 4, 2023

In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market. Epic appealed this ruling, among others, to the Ninth Circuit.

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 105

Licensing Copyright Contracts Advertising 105

IPilogue

AUGUST 16, 2022

Generally, a photographic syndication agency holds contractual agreements with various photographers to sell and license their photos for commercial and/or editorial use. in damages, which is the total license fee for the photos. The Plaintiff, August Image LLC (“August”) is a photographic syndication agency based in New York, USA.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

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

Technology & Marketing Law Blog

MARCH 13, 2025

Six4Three’s contract breach claim is outside Section 230, per Calise v. As I mentioned in my blog post about Calise, other state appellate rulings disagree with the Calise ruling on 230’s application to contract claims. Contract Breach Claim. Despite getting around Section 230, the contract claim is still a loser.

Contracts 52

Contracts Publishing Blogging Litigation 52

43(B)log

DECEMBER 6, 2023

The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Hy-Vee, Inc., 3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D.

Ownership 69

Ownership Contracts Copyright Registration 69

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law. .”

Copying 98

Copying Ownership Derivative Work Contracts 98

IP and Legal Filings

JUNE 12, 2024

Whereas the Partnership Act of 1932 does not require partnership licensing, the suggestion that partnership firms be registered should cause one to consider the advantages and disadvantages of not doing so. Third parties are protected by licensing from fictitious claims of association and responsibility avoidance.

Registration 105

Registration Business Contracts Law 105

IP and Legal Filings

NOVEMBER 23, 2023

iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 105

Intellectual Property Privacy Branding Branding 105

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. Unfortunately, until we get a definitive Supreme Court ruling, these pro-censorship arguments will continue to swirl. If this setup sounds familiar, that’s because at least a dozen cases riff on this theme. This case had two minor twists.

Social Media 145

Social Media Blogging Government Publishing 145