The IPKat

MARCH 31, 2025

Trier in summer As readers know, the Katfriends at the Academy of European Law (ERA) in Trier are always busy organizing programmes and courses on all aspects of European law, including IP and digital and IT law. For those looking to get a deep dive in either subject, ERA is organizing two distinct summer courses this year.

Intellectual Property Law 64

Intellectual Property Law Law IP Intellectual Property 64

Plagiarism Today

MAY 17, 2022

1: GPL Legal Battle: Vizio Told by Judge it Will Have to Answer Breach-of-Contract Claims. SFC filed the lawsuit alleging that Vizio had failed to comply with the licenses by not releasing source code they produced based on open-source code. Let me know via Twitter @plagiarismtoday.

Contracts 246

Contracts Licensing Brands Branding 246

Intepat

MAY 24, 2023

Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

JD Supra Law

MAY 8, 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 98

Contracts Technology Intellectual Property Licensing 98

Plagiarism Today

SEPTEMBER 30, 2022

1: Megan Roup Seeks Dismissal in Fitness Routine Copyright, Contract Lawsuit. First off today, The Fashion Law reports that trainer Megan Roup has filed for the dismissal of a lawsuit filed by fellow trainer Tracy Anderson over allegedly copyright-infringing exercise routines. Have any suggestions for the 3 Count?

Music 49

Music Copyright Infringement Contracts Copyright 49

Technology & Marketing Law Blog

APRIL 8, 2023

But, are face scans really an option for age verification, or will it conflict with other privacy laws? In particular, face scanning seemingly directly conflict with biometric privacy laws, such as Illinois’ BIPA, which provide substantial restrictions on the collection, use, and retention of biometric information.

Privacy 145

Privacy Law Contracts Designs 145

Plagiarism Today

JULY 12, 2021

1: Oracle Sues NEC Over Alleged Software Contract, Copyright Violations. First off today, Blake Brittain at Reuters reports that Oracle American has filed a lawsuit against NEC Corp alleging that NEC is using Oracle software, namely its biometric identification system, in a way that exceeds the terms of their license. 3: The U.S.

Licensing 246

Licensing Music Reporting Copyright 246

Intellectual Property Law Blog

FEBRUARY 28, 2024

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention. . . 35 U.S.C. §

Licensing 130

Licensing Invention Inventor Government 130

43(B)log

MARCH 21, 2024

15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” The court disagreed: there’s a plausible difference in value between owning outright versus purchasing a revocable license.

Licensing 114

Licensing Contracts Ownership Litigation 114

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The court says that either New York or California law governs, and the result would be the same under either state’s law. Freedom Financial Network, LLC.

Contracts 119

Contracts Designs Design Law 119

Plagiarism Today

MARCH 14, 2022

copyright law. However, Genius, not the copyright holder on the lyrics, opted to sue claiming breach of contract and unfair competition laws. However, Genius, not the copyright holder on the lyrics, opted to sue claiming breach of contract and unfair competition laws. Neither side commented on the decision.

Settlement 246

Settlement Copyright Law Copying Reporting 246

The IPKat

MARCH 25, 2025

The IPKat has received and is pleased to host the review of The Handbook of Fashion Law (eds. Heres what Spyros writes: The cover image portrays a photograph of Signor Valentino himself, in his atelier in the 1960s Fashion law has now been fully established as a field of study, research, and practice worldwide.

Law 59

Law Intellectual Property IP Brands 59

Plagiarism Today

AUGUST 2, 2021

District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement 246

Copyright Infringement Licensing Reporting Copyright Law 246

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. What blows my mind is that the court treats this as a first-principles question of common law.

Contracts 98

Contracts Law Reporting Blogging 98

IP Law 360

FEBRUARY 27, 2024

A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.

Contracts 98

Contracts Licensing Patent 98

Traverse Legal Blog

NOVEMBER 25, 2024

2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law. This can happen due to: Lack of Understanding: Not fully comprehending copyright laws and regulations. Misinterpreting Licenses: Incorrectly assuming permission to use copyrighted material.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Plagiarism Today

MAY 31, 2022

Next up today, Focus Taiwan reports that the Taiwan legislature has passed a new copyright law that would grant educators a fair use protection when using copyright-protected works via online classes. This prompted Village Roadshow to allege branch of contract. Village Roadshow sued Warner Bros. However, Warner Bros.

Fair Use 246

Fair Use Reporting Plagiarism Copyright 246

Plagiarism Today

DECEMBER 6, 2021

Next up today, Christina Tabacco at Law Street Media reports that a half dozen movie studios have filed a lawsuit against the free streaming service Primewire alleging that the service is engaged in widespread piracy. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement 246

Copyright Infringement Publishing Reporting Plagiarism 246

Plagiarism Today

JUNE 28, 2022

This prompted Walkie Check to sue for breach of an implied contract, unjust enrichment and copyright infringement. based companies, and the seizure was done in conjunction Brazilian law enforcement. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement 246

Copyright Infringement Television Plagiarism Copyright 246

Technology & Marketing Law Blog

JULY 16, 2021

Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. . * Lona’s Lil Eats, LLC v. DoorDash, Inc., 2021 WL 151978 (N.D. New Yorker : Dude, Where’s My Couch?

Advertising 122

Advertising Advertising Contracts Social Media 122

Technology & Marketing Law Blog

OCTOBER 31, 2021

This is the latest dubious Internet Law ruling from the Eighth Circuit. The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. This case involves Walmart gift cards.

Contracts 116

Contracts Litigation Blogging Law 116

Plagiarism Today

NOVEMBER 17, 2021

First off today, Samantha Handler at Bloomberg Law reports that the film studio Mirimax has filed a copyright infringement lawsuit against director Quentin Tarantino over Tarantino’s plans to release of Non-Fungible Tokens (NFTs) related to the film Pulp Fiction. Have any suggestions for the 3 Count?

Non-Fungible Tokens 237

Non-Fungible Tokens Copyright Infringement Publishing Television 237

Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. More details from Bloomberg Law. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other.

Licensing 98

Licensing Copyright Blogging Fair Use 98

Technology & Marketing Law Blog

JANUARY 18, 2025

With respect to the Jordan video, I assume the video was infringing when uploaded to Twitter, which is why a license argument wouldn’t work. Those licenses were explicitly and unambiguously laid out in YouTube’s Terms of Service, and the sublicense clearly extends to embedding the video.

Copyright 96

Copyright Social Media Licensing Fair Use 96

Plagiarism Today

APRIL 20, 2022

A wide myriad of laws impact, or at least can impact, scraping activities online. . Not only was the decision itself extremely narrow, but it only looks at one of the myriad of laws that can impact web scraping activities. The CFAA is far from the only law that governs web scraping. Where Does This Leave Us. Bottom Line.

Licensing 290

Licensing Government Copyright Plagiarism 290

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Or loudly enough.

Contracts 98

Contracts Blogging Advertising Advertising 98

Michael Geist

DECEMBER 3, 2024

It has already entered into licensing agreements with several content creators, including other news media organizations.” Instead, they point to how much they have produced or licensed with the assumption that it is all scraped by OpenAI. The claims that are alleged will face some significant headwinds.

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

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

Technology & Marketing Law Blog

MAY 17, 2024

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Plagiarism Today

AUGUST 2, 2022

Make the book public (to the extent permitted by law) 2. However, those familiar with copyright law, immediately began to point out flaws in the plan. NFTs as a profit center makes it so that the motivation is to churn out and sell as many as you can, in many cases, the law be dammed.

Copyright 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it.

Licensing 111

Licensing Copying Blogging Copyright 111

TorrentFreak

JANUARY 11, 2022

Mann, argues that Bungie misuses the law to go after cheaters while cheating itself isn’t unlawful. ” “Bungie apparently hopes to bamboozle this court into proscribing entirely lawful activities. .” ” “Bungie apparently hopes to bamboozle this court into proscribing entirely lawful activities.

Copyright 144

Copyright Law Copying Copyright Infringement 144

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

Blogging 131

Blogging Law Contracts Cease and Desist 131

Erik K Pelton

JULY 14, 2022

One is the contract with the individual or individuals doing the work who help create content; and two is the type of content that they create and where they get photos from, in particular. First, contracts. And that is a specific, important phrase in copyright law. Make sure you have proper contracts.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Velocity of Content

DECEMBER 14, 2023

After all, many kinds of published literature, including news, blogs, books, journals, and standards — including the organizations’ own materials — are protected by copyright laws that place limits on how content can be used by others without the rightsholder’s permission. How Do Different Departments Use the Annual Copyright License?

Licensing 98

Licensing Copyright Publishing Journalism 98

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 98

Privacy Law Intellectual Property Music 98

JD Supra Law

APRIL 30, 2024

Many professionals in construction and property development are well versed in contract law, safety regulations, insurance law, and the like. Yet the law that governs ownership and use of architectural works—principally, copyright law—often is not well known even among seasoned veterans of development and construction.

Designs 75

Designs Design Licensing Ownership 75