Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Cite to IC v.

Contracts 133

Contracts Publishing Licensing Editing 133

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

Kluwer Copyright Blog

DECEMBER 17, 2024

There is a shared interest in ensuring that AI companies have legal routes to license content in the quantity required by this revolutionary technology. Old contracts many of the contracts that were signed by authors and academics pre-date the LLM/genAI era. They vary in wording and sometimes include broad terms.

Publishing 52

Publishing Reporting Brands Branding 52

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

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

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. The NFT is a smart contract coded with the NFT. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e. This limited edition Dune book may be one of 10 copies of this hardback auctioned. The digital asset.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

“Alexander testified that she had never licensed her tattoos for video games or any other medium. Defense expert James Malackowski also provided unrebutted testimony that a market for licensing tattoos in videogames does not exist and was unlikely to be developed.” Case Citation : Alexander v. 3:18-cv-00966-SMY (S.D.

Copyright 116

Copyright Fair Use Licensing Blogging 116

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. Freedom to negotiate.

Publishing 81

Publishing Contracts Social Media Art 81

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Editions Ltd. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Intepat

JUNE 25, 2024

Introduction Trademark licensing is a legal phenomenon where a trademark owner (Licensor) grants permission to another (Licensee) to use the trademark on mutually agreed terms and conditions. Hence, it reduces the uncertainty associated with the licensing of trademarks. This created an expectation to meet certain quality standards.

Licensing 52

Licensing Trademark Branding Brands 52

Kluwer Copyright Blog

APRIL 15, 2024

3) What is the effect of open source licenses on the AI model that uses only some open source components? (4) There are many AI models that claim to be open source – just as there are multiple forms of open source licenses , from permissive licenses (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 105

Licensing Social Media Contracts Privacy 105

Kluwer Copyright Blog

JUNE 27, 2023

2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Copyright contract safeguards and other additions to the Portuguese Copyright Code Most copyright contract rules required by the CDSM Directive are not innovative in light of the existing Portuguese copyright rules.

Art 105

Art Contracts Publishing Licensing 105

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 135

Copyright Ownership Social Media Licensing 135

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] In current practice, authors are expected to assign or exclusively license their copyright to publishers.

Copyright 130

Copyright Publishing Journalism Art 130

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 98

Licensing IP Intellectual Property Intellectual Property Law 98

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). We posted three chapters from the book: Featuring People in Ads (2022 Edition). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 98

Editing Social Media Blogging Advertising 98

Kluwer Copyright Blog

SEPTEMBER 30, 2024

According to them, Article 18 CDSMD only applies to direct contractual relationships between authors and performers and their contracting parties (such as record labels or producers), and therefore cannot be extended to cover extra-contractual relationships between online platforms on the one hand and authors/performers on the other.

Licensing 130

Licensing Law Contracts Copyright Law 130

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. ↩︎ For example, mounting pages from art books on tiles as in Mirage Editions, Inc. An amendment to the copyright statute is only one of them. United States v. Kaluza, 780 F.3d

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Technology & Marketing Law Blog

MARCH 22, 2022

Furthermore, Business Casual alleged that although YouTube has automated processes to identify and flag videos containing copyrighted content, TV-Novosti intentionally circumvented these processes by applying certain editing techniques to the content that TV-Novosti allegedly copied. The plaintiff basically said “WTF?

Business 119

Business Copyright Copyright Infringement Licensing 119

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

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 94

Derivative Work Licensing Artwork Contracts 94

Technology & Marketing Law Blog

JULY 22, 2021

The revised opinion also makes minor error corrections and numerous stylistic edits, like someone decided to polish up the draft. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. Seriously, what’s going on here? Everything about this process feels sloppy.

False Advertising 141

False Advertising Contracts Editing Advertising 141

SpicyIP

SEPTEMBER 12, 2024

Alpin, Intellectual Property: Patents, Copyright, Trademarks & Allied Rights (now in its 10 th edition) and Kerly’s Law of Trade Marks and Trade Names , the first edition of which was published in 1894 and is now in its 17 th edition. Llewelyn and T. Except under S.

Copyright 81

Copyright Law Copyright Law Intellectual Property 81

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire.

Music 98

Music Art Licensing Copyright 98

Kluwer Copyright Blog

AUGUST 19, 2024

By applying a CC BY license to the AAM and depositing it in a repository without an embargo, they will meet funder’s requirements while allowing the journal to further use the work for commercial gains. The second requirement is to apply a Creative Commons Attribution license (CC BY), to the author accepted manuscript (AAM).

Licensing 69

Licensing Publishing Journalism Ownership 69

Kluwer Copyright Blog

JUNE 20, 2023

As a means of cryptographically proving ownership on the blockchain, each NFT has a unique hash, distinguishing it from other copies, as opposed to the non-exclusive license to access the copyrighted material obtained when purchasing an e-book. While not all marketplaces are geared towards offering such passive income, some do.

Artwork 98

Artwork Contracts Ownership IP 98

Kluwer Copyright Blog

JUNE 20, 2024

More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. The privacy policy of WhatsApp does not seem affected, even if new AI tools are in development also for this service.

Privacy 125

Privacy Copyright Technology Licensing 125

Kluwer Copyright Blog

APRIL 8, 2023

Parties to a photo image license were free to contract for a two-year statute of limitations under California law, the U.S. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265 Court of Appeals for the Ninth Circuit has held.

Editing 52

Editing Contracts Copyright Licensing 52

The IPKat

FEBRUARY 3, 2023

Click here and here to know more. The seminar will take place in Paris and online, on 16 and 17 March 2023 and entirely in English.

Intellectual Property 69

Intellectual Property Intellectual Property Law Contracts IP 69

The IPKat

MARCH 25, 2025

The Handbook of Fashion Law, edited by Eleonora Rosati and Irene Calboli, masterfully managed to fill this gap. This section extends its analysis beyond legal frameworks to contextualize fashion as a market, shedding light on key revenue streams for fashion brands, such as licensing and merchandising.

Law 59

Law Intellectual Property IP Brands 59

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.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

Kluwer Copyright Blog

MARCH 6, 2023

Studies have shown significant improvement in results from TDM research using full-text articles, which are often behind a paywall or subject to additional licensing, rather than mere abstracts, which are often more freely available. Many of the projects described below use this basic function of TDM in various specific applications.

Copyright 126

Copyright Social Media Publishing Licensing 126

The IPKat

JUNE 8, 2023

The key points to note are on assignment (allowing debtors to transfer without consent executory contracts that are necessary for the business, in whole or in part, to be sold), and the termination of IP licenses. The IPKat is pleased to inform readers that the European Pharma Law Academy , organized by Informa, is returning this year.

Registration 64

Registration Reporting Editing Contracts 64

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

He did not license or assign the Intellectual Property to the Defendants and is requesting the Court to enter declaratory judgment in his favor and declare him the owner of the Intellectual Property. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 105

Copying Copyright Law Copyright Social Media 105

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i]

Music 76

Music Copyright Licensing Fair Use 76

Kluwer Copyright Blog

DECEMBER 26, 2021

However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the program’s rightsholder. Intellectual Property Law in China, 2nd edition. CDSM Directive implementation. Stay tuned!

Copyright Law 121

Copyright Law Law Copyright Reporting 121