43(B)log

AUGUST 4, 2023

21 million in Louisiana to “harden” schools, half a billion in Texas; schools designed with curving walls to decrease damage done by active shooters; bulletproof backpacks. There’s no protection for circumvention aimed at noninfringing or fair uses in most circuits. Many uses are noninfringing but not subject of direct case law.

Copyright 52

Copyright Fair Use Marketing Marketing 52

LexBlog IP

MARCH 18, 2022

NFTs also may embody or use trademarks. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona.

Fair Use 59

Fair Use Contracts Litigation Copying 59

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. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Kluwer Copyright Blog

MAY 15, 2024

The authors and copyright holders would like to receive a fair and equitable remuneration, while the AI-service providers would like to have access to high-quality data, such as copyrighted works, so that they can further improve their LLMs and promote the progress of innovation. However, this does not have to be the case.

Copyright 54

Copyright Fair Use Copyright Law Editing 54

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing 52

Editing Law Contracts Privacy 52

43(B)log

FEBRUARY 22, 2021

Persuade courts to keep larger whole in view when interpreting and applying these doctrines; reform doctrines that have been interpreted too narrowly like experimental use in patent. There are other policy concerns about research such as privacy, human subjects rules. using data to do what?

IP 40

IP Fair Use Copying Intellectual Property 40

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

Trademark 49

Trademark Branding Brands Branding 49

Kluwer Copyright Blog

JUNE 26, 2024

courts indicate, one of the crucial issues is whether online content and information, often behind paywalls or otherwise protected by IP, can be used to train large language models (LLMs) and whether AI companies can rely on the fair use doctrine. As dozens of copyright lawsuits filed in U.S.

Copyright 101

Copyright Content Creation Fair Use Technology 101

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Implications: too much memorization undermines arguments in favor of fair use.

Social Media 52

Social Media Fair Use Advertising Advertising 52

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. .” In one notable case, Balsley v.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple positions itself as more privacy-supportive than the other tech giants, but then it committed an unforgiveable privacy faux pas by unveiling plans to proactively scan client-side files for illegal CSAM. The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. Emerging Tech.

Social Media 128

Social Media Law Privacy Government 128