Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Paxton, amicus brief in support of emergency application for administrative relief to the US Supreme Court, May 2022. Regulation of Political Advertising (2022 Edition).

Editing 90

Editing Social Media Blogging Advertising 90

JIPEL Copyright Blog

MARCH 9, 2022

prevent intentional modification of their work and attribution to the modified work) claims by claiming fair use under § 107 of the Copyright Act of 1976, which permits fair use of a protected work for purposes such as criticism, comment, teaching, scholarship, or research.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

43(B)log

AUGUST 12, 2022

And tech has limited ability to understand context of fair use/fair dealing. If failed, online dispute resolution/court litigation. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. Her conclusion: no. What type of data?

Privacy 57

Privacy Inventor IP Government 57

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 57

Fair Use Contracts Litigation Copying 57

43(B)log

AUGUST 4, 2023

Tort tries to get people to make safer products to encourage innovation, but also leads to anxieties about creating new stuff b/c it risks litigation v. 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

Velocity of Content

JANUARY 31, 2023

An analogous situation involving open software licenses (GNU and the like) is now being litigated. Also sued were a confusing mishmash of for profit and non-profit related entities all using a variation of the name OpenAI (OpenAI, Inc., On November 4 th , a class action lawsuit — Doe 1 v. GitHub Inc., you get the picture).

Licensing 98

Licensing Fair Use Journalism Publishing 98