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Safeguarding Access to Culture in the Digital Era in European Copyright law

Kluwer Copyright Blog

The users access to the work is safeguarded as long as the service is offered, and the user often does not have a right to enjoy the work after the subscription contract is terminated. Access to videogames, music or films that are not already part of the public domain may be lost forever if the service provider decides to stop offering it.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

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. Valid Transfer of Rights?

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The Canadian Government Makes its Choice: Implementation of Copyright Term Extension Without Mitigating Against the Harms

Michael Geist

While the government is not making the change retroactive (meaning works currently in the public domain stay there), no one seriously expected that to happen. Page 328 of the bill features the shoehorned amendments to the Copyright Act, including an extension of the term of copyright. – who noted: the U.S. –

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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Technology & Marketing Law Blog

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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.

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Rochem v. Nirtech – Analysing the Claim of Breach of Confidential Information

SpicyIP

However, it is commonly accepted that for information to be construed as confidential, the said data must possess the requisite element of confidence, must have some commercial value and cannot be in the public domain. Additionally, reasonable measures need to be taken to maintain this confidentiality.

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The unbearable lightness of trade secrets and public tenders

The IPKat

Not for the first time in connection with a public procurement tender, an unsuccessful bidder then files with the contracting authority a request for examination of the documentation submitted by the successful bidder, this to evaluate the propriety of the award process, with an eye towards possibly challenging it through legal proceedings.