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

The IPKat

OCTOBER 28, 2021

In this case, the nuance is expressed in the context of the balance between the ‘right of information’ of the participants to a public tender and the possible presence of ‘trade secrets’ in the bidding documentation. Based on this, the request for access to the documentation was denied by the contracting authority.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

JD Supra Law

MAY 23, 2023

The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or otherwise exploit the IP. By: Venable LLP

Contracts 52

Contracts Technology Intellectual Property Licensing 52

Technology & Marketing Law Blog

APRIL 8, 2023

There are several ways of doing it, but the two primary options for quick results are (1) requiring consumers to submit government-issued documents, or (2) requiring consumers to submit to face scans that allow the algorithms to estimate the consumer’s age. Click 1 = consent to the BIPA disclosures.

Privacy 145

Privacy Law Contracts Design 145

Olartemoure Blog

OCTOBER 27, 2023

008742 which develops and establishes not only the terms but also the form and content for the registration of technology import contracts before the entity. Such contracts include -among others- technology licenses, trademarks or patents, as well as technical assistance or service contracts, or basic engineering contracts.

Contracts 52

Contracts Registration Technology Intellectual Property 52

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

JD Supra Law

JANUARY 19, 2024

Video games are the ultimate interactive experience in intellectual property (“IP”), combining overlapping layers of copyrights, trademarks, licenses, “work made for hire” contracts, and publicity rights, all of which require careful consideration by a game developer to avoid legal issues and prepare the game for distribution.

Intellectual Property 76

Intellectual Property Intellectual Property Law Law Contracts 76

TorrentFreak

AUGUST 20, 2022

Contracts that ban fighters from being independently and visibly sponsored at the most lucrative times are another point of contention. If fighters do well under contract but want to leave or make money in another sport, people not called McGregor needn’t apply. If people want access to content, UFC will license it to them.

Fair Use 129

Fair Use Copyright Licensing Intellectual Property 129

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

Intellectual Property Law Blog

MARCH 13, 2024

The Offices found: NFT technology and blockchain networks present new opportunities for trademark owners to build their brands, reach new consumers with interactive products and services, document the provenance of products, and manage trademark rights. For now, not much will change from a legislative perspective.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Kluwer Copyright Blog

JUNE 19, 2023

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Technology & Marketing Law Blog

JULY 10, 2021

As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). The suit was easily rejected by the court.

Contracts 126

Contracts Blogging Litigation Marketing 126

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows. Copyright Law and DRM.

Copying 145

Copying Social Media Licensing Technology 145

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. 4 CDSMD and analyzed the publicly available documents that may regulate the use of content for TDM. There also seems to be a lack of clarity about which uses are allowed under the licenses. In this fragmented landscape, self-regulation (e.g.,

Art 98

Art Publishing Licensing Copying 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

IPilogue

OCTOBER 4, 2022

Artists only require permission from original composers and the record labels if they wish to borrow work, and unfortunately for Kelis, she didn’t fall within this category due to a contract she signed when she was nearly 20 years younger and did not fully understand.

Music 100

Music Due Diligence Contracts IP 100

Technology & Marketing Law Blog

AUGUST 31, 2021

It hired a freelance writer to write about the phenomenon documented by McGucken. Factor four : The fourth factor also weighs against fair use: Unrestricted and widespread conduct of the sort Defendant engaged in would destroy the market for licensing Plaintiff’s work. He shared the photos to Instagram. Philpot is a serial litigant.

Fair Use 143

Fair Use Journalism Licensing Marketing 143

TorrentFreak

JANUARY 31, 2023

“The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. In response, MindGeek subsidiary MG Premium dismissed the document as fraudulent. MindGeek initially tried to contain the problem by sending DMCA takedown notices.

Copyright Infringement 115

Copyright Infringement Contracts Ownership Copyright 115

TorrentFreak

JULY 17, 2022

The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. Bungie and Leone appear to have more than a little history.

Derivative Work 144

Derivative Work Social Media Contracts Licensing 144

TorrentFreak

DECEMBER 19, 2022

Other options mentioned by the IPO are directly linked to contract law and licensing, both of which govern subscriber behavior. So-called ‘terms of service’ are part of the agreement when people subscribe to a streaming service like Netflix.

Intellectual Property 145

Intellectual Property Contracts Government Copyright Law 145

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

Kluwer Copyright Blog

MARCH 16, 2022

The consultation sought views on the prospects for facilitating patent and copyright protections for “inventions and creative works which are made by AI”, and for making easier the use of copyright-protected material by AI in innovation and research, through alternative approaches to licensing and text and data mining (TDM) exceptions.

Licensing 92

Licensing IP Intellectual Property Intellectual Property Law 92

SpicyIP

JUNE 28, 2023

Simply put “march-in” rights would allow the government to take control of the IP rights of inventions owned by private companies if those inventions have been funded by public money through grants from the government or through licensing agreements with government R&D institutions. Who owns IP resulting from these agreements?

Government 98

Government Invention Contracts Intellectual Property 98

LexBlog IP

NOVEMBER 15, 2021

There are formal contracts to outline the finer points and, in such cases, licensed professionals are involved to help the athlete understand their legal obligations. These schools would be well advised to begin instructing their athletes on the fundamentals of contract law as well.

Contracts 52

Contracts Social Media Law Business 52

IPilogue

JANUARY 26, 2022

I also updated a “Document Log” for the legal team, which is a record of contracts that have IP-related provisions. Based on one of their requests, I prepared a video resource for the BEST Lab that describes important elements of IP licensing agreements.

Inventor 105

Inventor IP Contracts Business 105

TorrentFreak

JANUARY 31, 2023

“The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. In response, MindGeek subsidiary MG Premium dismissed the document as fraudulent. MindGeek initially tried to contain the problem by sending DMCA takedown notices.

Copyright Infringement 98

Copyright Infringement Contracts Ownership Copyright 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

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

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

Velocity of Content

DECEMBER 2, 2021

Many publishing companies will contract with multiple vendors on this chart to create integrated and mixed technology environments within their organizations. It is a: … “Subway” Market Map showing the universe of software and services companies supporting the publishing industry and their capabilities across up to 14 process areas.

Publishing 98

Publishing Reporting Technology Marketing 98

TorrentFreak

AUGUST 21, 2021

They also allege a breach of contract in respect of the settlement agreement while demanding an injunction to restrain Tusa moving forward. The plaintiffs have also shown a need for emergency relief, with the Court finding that Tusa’s streaming platforms create financial losses to the plaintiffs and undermines their legitimate licenses.

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

IP and Legal Filings

MARCH 9, 2022

The documents which are certified by the Registrar of Copyright can be presented in the court of law as evidence, in case of the original work cannot be presented for the time being. The New York Times was not allowed legally to license the works of the journalists who were in the newspaper on a freelance basis.

Ownership 94

Ownership Copyright Trademark Contracts 94

LexBlog IP

MAY 16, 2023

Parties entering into patent transactions involving existing (or potential future) EPs should consider the impact of the UPS on their contracts and licences. In some cases, time may be of the essence in implementing the desired actions, so ensure the contract reinforces this through tight deadlines and timing covenants.

Contracts 52

Contracts Patent Design Designs 52

TorrentFreak

OCTOBER 27, 2021

Judge Phillips begins by accepting that Tusa ran various pirate IPTV services offering 2,600 channels and PPV events without having any license to do so. The terms of the settlement agreement with Tusa are redacted from court documents but the Judge accepts that while the studios upheld their side of the deal, Tusa did not.

Settlement 143

Settlement Copyright Infringement Confidentiality Copyright 143

Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? Mendez case, which involved a group photographer documenting the group’s activities at the group’s request.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Trading Secrets

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. The District of Maryland recently awarded a software developer a mere $1.00 In AirFacts, Inc.

Contracts 59

Contracts Licensing Litigation Confidentiality 59

IP and Legal Filings

JUNE 12, 2024

Most of the time, a partnership document would be sufficient. 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.

Registration 105

Registration Business Contracts Law 105