Technology & Marketing Law Blog

AUGUST 12, 2021

means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. The court notes the language of section 106 reflects an intent to be “technology-neutral”.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

The advancement of technology has brought sweeping changes to the broadcasting industry. Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets. The producers have broadened monetization prospects with separate licensing agreements with traditional broadcasters and OTT platforms.

Cease and Desist 96

Cease and Desist Licensing Intellectual Property Copyright 96

IP Watchdog

AUGUST 22, 2021

Instead, it ordered copies of SAS’s products under the guise of an educational license, but with the true intent to reverse-engineer and copy key elements, including the selection and arrangement of its outputs, and even the manuals licensed users receive from SAS.

Copyright Law 125

Copyright Law Copyright Law Copying 125

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Technology & Marketing Law Blog

JUNE 2, 2022

. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” Market Effect. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” ” Huh?

Copyright 143

Copyright Social Media Fair Use Licensing 143

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). ” Market Effect.

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Fair Use Licensing Copyright Marketing 90

The IP Law Blog

MARCH 2, 2023

Getty Images, a global visual content creator and leading source for visual content, has filed a lawsuit against startup technology company Stability AI for allegedly scraping more than 12 million photographs from Getty Images’ portfolio without consent or compensation. This is a complex issue dealing with sophisticated technology.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

TorrentFreak

DECEMBER 22, 2023

Publishers vs. Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. They believe that IA’s library is disrupting the “ecosystem” and “market equilibrium” of ebook sales. The publishers didn’t listen to these concerns.

Copyright 118

Copyright Fair Use Publishing Marketing 118

Velocity of Content

MAY 1, 2024

29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Thus, it can be said that they have made complete and exact copies of everything they have ingested.

Fair Use 52

Fair Use Copying Licensing Copyright 52

Velocity of Content

APRIL 4, 2024

I have been President and Chief Executive Officer of CCC since 2007 and have spent my career working to develop market-based licensing solutions. I am intrinsically motivated with regard to the work I do and am very passionate about the power of direct and collective licensing. What I like least is entrenched positions.

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Licensing Marketing Marketing Copyright 52

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed. Its revised terms make clear that platform users are not granted an express license. For example.

Licensing 116

Licensing Fair Use Blogging Copyright 116

Kluwer Copyright Blog

OCTOBER 18, 2023

This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central role played by human creators. In the EU, Art. of the CDSM Directive can be found in the fundamental rights framework.

Copyright 124

Copyright Art Licensing Copyright Law 124

The IPKat

JANUARY 13, 2022

Interest in blockchain technology, tokens, and IP, continues apace. By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) To mint a token, it is necessary to verify the license required for the respective smart contract (e.g.,

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

IP and Legal Filings

OCTOBER 23, 2021

Technology and copyright law. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. The advancement of technologies has also significantly developed copyright laws over the years. Through copyright enforcement, an exclusive right is granted to creators.

Copyright 80

Copyright Copyright Law Technology Artistic Work 80

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. 3:22-cv-06823 – Whither transformative?

Litigation 98

Litigation Fair Use Copying Derivative Work 98

TorrentFreak

OCTOBER 17, 2022

Responding to a request from the Office of the US Trade Representative (USTR), the music group highlighted several of these sites in its annual overview of ‘notorious’ piracy markets. The site’s underlying technology is powered by the open-source Matchering 2.0 Unauthorized Copies and Derivatives. mp3juices.cc.

Music 136

Music Copyright Derivative Work Copying 136

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

IP and Legal Filings

JANUARY 8, 2023

modification, and other forms of copying of the work fall under this category. Through a licensing agreement, they can give consent for other parties to utilize their creations. The Indian Government enacted The Copyright Act of 1957 to protect the rights of artists from getting copied or pirated.

Copyright 78

Copyright Copyright Infringement Music Copying 78

Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. Factor three : The entirety of the work was copied. McGucken is appealing the ruling against him. He has a reasonable chance of success on appeal.

Fair Use 131

Fair Use Journalism Licensing Marketing 131

IP and Legal Filings

JULY 21, 2022

This is the time when India is going through an upheaval of changes in our education system with the help of different policies of government as well as with the use of different technologies in modernizing the way of learning. for taking reprographic usage licenses after paying a prescribed tariff. Picture Credit: Shutterstock].

Copyright 90

Copyright Licensing Higher Education Copying 90

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here.

Blogging 135

Blogging Fair Use Copyright Infringement Copyright 135

Kluwer Copyright Blog

MARCH 13, 2024

This is particularly true in a digital environment where access and subsequent use of protected works is further complicated by technological protection measures and paywalls. licenses for specific uses). 6(3)), rightholders retain full control over the availability and modalities of licenses for public lending.

Copyright 118

Copyright Art Licensing Contracts 118

Trademark and Copyright Law Blog

APRIL 21, 2021

Google responded that access to this software language is crucial to innovation in technology and software programming, and should be considered fair use. It also put great weight on Oracle’s prior failures to enter the mobile phone market.

Copying 40

Copying Fair Use Copyright Marketing 40

Intepat

MAY 24, 2024

Advantages of Patents: Exclusive Rights: In India, the patent holder enjoys various privileges, including the rights to exploit, grant licenses, and assign their patents, allowing others to manufacture and sell the patented items. To qualify for a patent, an invention must be novel, non-obvious, and useful.

Patent 52

Patent Intellectual Property Confidentiality Invention 52

Kluwer Copyright Blog

JUNE 19, 2023

Although frequently misconstrued, this technology represents an exceptional advancement that can yield enormous revenue streams for both creators and consumers by altering the digital representation of real-world assets.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

TorrentFreak

JUNE 14, 2022

Koeltl at the District Court for the Southern District of New York, the plaintiffs say that as leading publishers of tens of thousands of books, they already issue licensed ebook editions to libraries. In a June 10 letter to Judge John G. As for IA’s “Controlled Digital Lending” concept, the plaintiffs insist that has no basis in law.

Publishing 113

Publishing Fair Use Copying Editing 113

IIPRD

JANUARY 18, 2024

For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee. In contrast to this, the Competition Law aims to prevent monopoly and provide fair competition and aims at reducing entry barriers in the market. Therefore, the two legislations clearly have contrasting objectives.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Licensing 52

IP Tech Blog

FEBRUARY 15, 2023

While many see China’s AI policies as a cover to curb freedoms and control society, the reality is that China is an active AI developer in a thriving market for AI applications in both the trade and industrial sectors. licensing, assignment, JVs, cooperation and co-development etc.) China is at the forefront of the AI development race.

Intellectual Property 113

Intellectual Property Due Diligence Ownership IP 113

TorrentFreak

MAY 8, 2023

Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64? Imported into the gray market in Europe, US cartridges were cheaper than their Japanese counterparts. A snip at $165. 1201), and infringes copyrights owned by Nintendo.”

Copying 121

Copying Copyright Licensing Fair Use 121

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

Fair Use 105

Fair Use Licensing Music Art 105

Biswajit Sarkar Copyright Blog

JULY 7, 2024

CIR alleges that the big corporations OpenAI and Microsoft have used, copied, abridged, and displayed the contents of CIR to train ChatGPT without obtaining permission or providing any compensation. CIR, founded in 1976, is an independent, multi-media non-profit news organization with a significant influence across the United States.

Copyright Infringement 40

Copyright Infringement Reporting Copyright Intellectual Property 40

Technology & Marketing Law Blog

SEPTEMBER 18, 2021

.” Perhaps the plaintiffs were concerned that Instagram has insufficient “volition” for the copies made by its servers; or perhaps Instagram can claim the 512 safe harbor for any embedded user-uploaded files (but the 512 safe harbor also applies to contributory infringement, so this theory isn’t very plausible).

Copyright 117

Copyright Copyright Infringement Social Media Licensing 117

Technology & Marketing Law Blog

APRIL 23, 2022

Facebook appeared first on Technology & Marketing Law Blog. The plaintiff’s alleged harm is the loss of a decade of photos, but the lack of an explanation didn’t cause that harm (the termination did). ” Protip: Facebook is a terrible cloud storage option. LEXIS 72533 (N.D. April 20, 2022).

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Copying Contracts Blogging Law 104

Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

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Blogging Social Media Television Fair Use 93