Contracts Derivative Work Litigation Marketing 
Velocity of Content
MARCH 16, 2023
Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use.
Technology & Marketing Law Blog
OCTOBER 19, 2021
As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Implied-in-Law Contract/Unjust Enrichment. WhenU concluded that trademarks was a dead-end.
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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. For investors, copyright has become a currency; users struggle with rights clearance (or ignore rights altogether); creators seek ever new ways to the market.
43(B)log
FEBRUARY 3, 2023
Much of the litigation thus turns on what it means for a similarity to be probative of copying. Hived off of fair use and became its own defense in early 20 th century, then became swallowed by substantial similarity, which is a huge problem b/c it was about market substitution and it means the derivative work rights ballooned.
Technology & Marketing Law Blog
JUNE 20, 2023
Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.
Kluwer Copyright Blog
JULY 24, 2024
On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. in Europe through the Copyright in the Digital Single Market Directive and the Digital Services Act ).
Kluwer Copyright Blog
JUNE 7, 2023
This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.
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