Traverse Legal Blog

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

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. Delete Article 8.

Public Domain 62

Public Domain Contracts Copyright Licensing 62

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 86

Contracts Privacy Blogging Litigation 86

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. In the US, the Constitution only restricts the action of government actors, not private entities.

Publishing 97

Publishing Government Contracts Law 97

LexBlog IP

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 107

Contracts Privacy Social Media Advertising 107

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. By guest blogger Kieran McCarthy.

Blogging 104

Blogging Contracts Law Privacy 104

LexBlog IP

JANUARY 7, 2022

Data privacy concerns for businesses are on the rise, and organizations need to be prepared for the growing threat and response. Within the United States, each state has its own specific laws governing data breach notification for residents. The European Union: General Data Protection Regulation (“GDPR”).

Privacy 52

Privacy Intellectual Property Contracts Business 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 120

Blogging Law Contracts Cease and Desist 120

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. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 91

Editing Social Media Blogging Advertising 91

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 113

Cease and Desist Contracts Privacy Business 113

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” This case involves a commercial dispute, but questions about social media account ownership are pending before the Supreme Court in the context of government employee-operated accounts.

Social Media 82

Social Media Ownership Designs Design 82

LexBlog IP

JULY 31, 2023

Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. Texas is now the 31 st state to adopt a business court system of this kind. Navigating Texas’s new Business Courts will be crucial to companies and practitioners alike.

Business 52

Business Contracts Government Law 52

LexBlog IP

JULY 26, 2023

Two key laws governing e-commerce in the UAE are Federal Law No. It also covers trust services and approved trust services, including rules for assessing license applicants, compliance rating entities, and licensees. These contracts are legally valid and enforceable. 15/2020 Consumer Protection Law and Federal Decree-Law No.

Business 52

Business Advertising Advertising Contracts 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

Privacy 138

Privacy IP Technology Reporting 138

The IPKat

JUNE 26, 2022

Government who will present and discuss subjects having significant importance for SMEs and being of major priority for policymakers on both sides of the Atlantic. I feel honoured to have been selected for this role, which is a brand new one, working at the heart of Government in Wales. and the EU.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

The IPKat

AUGUST 29, 2021

Upon that, The IPKat is delighted to host the following guest post co-authored by Anja Geller (PhD candidate at Ludwig-Maximilians-Universität and Junior Research Fellow at the Max Planck Institute for Innovation and Competition) and Zihao Li (PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code).

Law 97

Law Art Privacy Government 97

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.”

Contracts 74

Contracts Law Reporting Blogging 74

Art Law Journal

AUGUST 18, 2022

A model release form is basically a short-form contract between the artist (or other hiring parties) and the model. Contract requirements vary from state to state, but in general, the model release form should ask for permission to use the person’s likeness, 1) for a specified purpose and 2) for a defined duration. . GOVERNING LAW.

Publishing 85

Publishing Art Contracts Artwork 85

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

43(B)log

AUGUST 4, 2023

RT: [So one factor that might be silent here is outsourcing/contracting: b/c the military no longer makes its own stuff and seems institutionally incapable of imagining that it might, it is dependent on outside contractors, and if they won’t do it, too bad. You see ratesetting and other key license provisions. Super-narrow © license.

Copyright 52

Copyright Fair Use Marketing Marketing 52

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy 140

Privacy Designs Design Business 140

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Jose Antonio Arochi: Mexico doesn’t have specific regulations.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

DECEMBER 17, 2021

The court says the claims aren’t governed by the TOU. Xandr’s TOU has a mandatory venue clause specifying New York courts. This puts the parties in a weird position: the plaintiff is arguing for the TOU and the defense is arguing against it.

Litigation 106

Litigation Business Law Marketing 106

LexBlog IP

SEPTEMBER 29, 2021

However, the plaintiff was unaware of the competitor’s bid until the competitor entered into a design-build contract with the customer, which occurred two and a half years after the competing companies signed the NDA. The plaintiff then sued the competitor and the customer in the U.S.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio AG Yost claims the law is about contracts, not censorship, i.e., the law helps parents supervise the contracts their kids enter into. And even if the government can show that the interest in question is indeed protecting minors from entering into contracts, the Act’s inclusions and exemptions are not tailored to that end.

Social Media 87

Social Media Law Contracts Designs 87

Technology & Marketing Law Blog

JUNE 14, 2024

That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” As a legal matter, Section 230 does more than just govern the publish/don’t-publish decision. ” (Cite to Hardin v.

Social Media 72

Social Media Publishing Designs Design 72

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

JUNE 7, 2023

Where there is a single provider of the database containing content to be used for training (such as Getty Images), the developer of a generative AI system could seek to negotiate a license; in instances where the content is owned by hundreds (or more) of different copyright holders, this quickly becomes impracticable (and likely cost-prohibitive).

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

Technology & Marketing Law Blog

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. There is no time limit imposed by Warner Bros.

False Advertising 85

False Advertising Government Privacy Designs 85

SpicyIP

JULY 19, 2021

She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified film. She criticises the judgment because the Court based its reasoning solely on privacy without any justifications rooted in property rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Intepat

FEBRUARY 7, 2023

WEB3.0 – Decentralized Similar to the real world, the metaverse is not built or operated by a single entity, there are many stakeholders which include individuals, companies, governments etc. has a certain level of regulation and control imposed by the governments depending upon the jurisdiction, Web3.0 – First to own v.

IP 52

IP Law Invention Licensing 52

IP and Legal Filings

AUGUST 13, 2022

This paper attempts to analyse the present laws governing the trading of NFTs over the public ledger and the loopholes in those regulations that could have significant legal implications. Furthermore, it attempts to provide possible solutions to improve the governance of NFTs. Picture Credit: gettyimage].

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Government Art 52

43(B)log

FEBRUARY 24, 2023

Discussants: Dev Gangjee: If even what counts as an indication of source has changed so much, must wonder where TM is going b/c of franchises, contractual arrangements and licensing—the whole guarantee of quality story just doesn’t make sense any more. Assignment in gross seems anachronistic given the development of licensing.

Trademark 49

Trademark Branding Brands Branding 49