Technology & Marketing Law Blog

DECEMBER 13, 2023

At the district court level, the law of copyright preemption is a morass of ad hoc explanations of whether certain contracts are “equivalent” to the exclusive rights within the general scope of copyright law. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

DECEMBER 13, 2024

And while Giffords posts are protectable under copyright law, works like a photo of feet near a stores welcome mat or a curated list of items for sale on Amazon reflect minimal creativity and should be subject to only thin protection and therefore difficult to infringe. Influencer marketing has become increasingly central to commerce.

Blogging 64

Blogging Social Media Law IP 64

Kluwer Copyright Blog

APRIL 20, 2022

Having three frameworks (Article 17 services, non-Article 17 services, and the BBS Act on the side) will become difficult to handle when copyright law is developing fast and in all directions. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition. by Christopher Heath. €

Copyright 55

Copyright Intellectual Property Law Public Domain Copyright Law 55

LexBlog IP

APRIL 11, 2023

intellectual property laws, copyright protection only exists where there is human selection and arrangement of information; there is no copyright protection for material generated by a non-human. [4] Additionally, under current U.S. For more information on these issues, read our sister blogs here , here , and here.

Social Media 52

Social Media Branding Brands Branding 52

LexBlog IP

MARCH 27, 2023

ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

Barry Sookman

APRIL 17, 2022

Mailchimp Suffers a Data Breach | Data Privacy + Cybersecurity Insider [link] 2022-04-11. Copyright infringement action dismissed where among other things, it was not proven that a photograph on a website… [link] 2022-04-12. Computer and Internet Weekly Updates for 2022-04-09 [link] 2022-04-10. LANDMARK NFT JUDGMENT [link] 2022-04-11.

Copyright Infringement 84

Copyright Infringement Privacy Copyright IP 84

Barry Sookman

APRIL 19, 2020

Computer and Internet Weekly Updates for 2020-04-11 [link] 2020-04-12 GERMANY TO INTRODUCE CORONAVIRUS 'IMMUNITY CERTIFICATES' FOR RECOVERED PUBLIC [link] 2020-04-12 Evaluating contact tracing privacy questions, [link] 2020-04-12 Reasonable expectation of privacy in securities context Re North America Frac Sand, Inc.,

Privacy 52

Privacy Government Copyright Law Licensing 52

Barry Sookman

SEPTEMBER 5, 2021

v Zead, 2020 BCSC 2145 “privacy is not a freestanding right specifically mentioned in the Charter. European Commission airs out new IoT device security draft law – interested parties have a week to weigh in [link] 2021-09-03. That is why…s… [link] 2021-09-02.

Fair Use 45

Fair Use Privacy Copyright Law Reporting 45

Barry Sookman

APRIL 5, 2020

Recorded Artists Ac… [link] 2020-04-04

Privacy 52

Privacy Editing Government Copyright Infringement 52

Barry Sookman

MAY 22, 2022

EU lands new law to fight off hackers in critical sectors [link] 2022-05-16. Our privacy laws are stuck in the last century. Court Orders ISPs to Block Websites of Three Sites Streaming Copyrighted Video Programming [link] 2022-05-16. Computer and Internet Weekly Updates for 2022-05-14 [link] 2022-05-15.

Privacy 45

Privacy Blogging Copyright Law 45

Barry Sookman

APRIL 3, 2022

United States and EU Announce Trans-Atlantic Data Privacy Framework [link] 2022-03-27. Privacy Shield to Intensify – National Law Review [link] 2022-03-27. The Humanity of Copyright – Hugh Stephens Blog [link] 2022-03-27. EU, US set to agree on landmark transatlantic data transfer pact [link] 2022-03-27.

Privacy 45

Privacy Contracts Blogging Copyright 45

Barry Sookman

JANUARY 29, 2023

SCC hears case with implications for online privacy | Canadian Lawyer [link] 2023-01-22 [link] 2023-01-22 Computer and Internet Weekly Updates for 2023-01-21 [link] 2023-01-22 She was denied entry to a Rockettes show because of facial recognition software [link] 2023-01-22 NYC's controversial AI bias audit law gets new hearing [link] 2023-01-22 (..)

Privacy 45

Privacy Art Law Intellectual Property Law 45

Barry Sookman

JANUARY 8, 2023

Copyright Office Sets Sights on Artificial Intelligence in 2023 [link] 2023-01-02. Epic Games, Developer of Fortnite, Will Pay Half a Billion Dollars for Privacy and Consumer Violations [link] 2023-01-03. As AI uses in radiology mature, what will be next? link] 2023-01-03.

Privacy 45

Privacy Government IP Copyright 45

Barry Sookman

DECEMBER 4, 2022

Expert insights into Canada’s changing privacy and AI rules [link] 2022-11-27. Copyright case: Bengaluru court orders blocking of Cong Twitter accounts [link] 2022-11-27. Blocking injunctions against internet access providers as ultima ratio under German law [link] 2022-11-27.

Privacy 45

Privacy Copyright Law Intellectual Property Law 45

Barry Sookman

JULY 3, 2022

Multijurisdictional privacy class action certified [link] 2022-06-27. Justice Laddie and his Intellectual Property Cases: Of Millefeuilles and a Fish Cal… [link] 2022-06-30. Advocate General opines on multiple controllers, consent, the right to erasure and the EU GDPR [link] 2022-06-27. link] 2022-06-29. link] 2022-06-30.

Intellectual Property 45

Intellectual Property Privacy Copyright Infringement Copyright 45

Barry Sookman

NOVEMBER 28, 2021

Announcement: Commissioner announces plans for stakeholder consultation – Office of the Privacy Commissioner of Can… [link] 2021-11-21. Computer and Internet Weekly Updates for 2021-11-20 [link] 2021-11-21. Global Standard-Setter Publishes Revised Outsourcing Principles [link] 2021-11-24.

Privacy 45

Privacy Publishing Reporting Business 45

Barry Sookman

OCTOBER 2, 2022

TikTok could face £27m fine for failing to protect children’s privacy [link] 2022-09-27. DC’s Proposed “Stop Discrimination by Algorithms Act” Would Discriminate Against Algorithms [link] 2022-09-27. link] 2022-09-27.

Privacy 45

Privacy Art Registration Technology 45

Barry Sookman

AUGUST 21, 2022

Privacy Concerns with Use of Reverse Keyword Searches by Law Enforcement [link] 2022-08-16. Digital assets consultation paper – The case for property rights reform [link] 2022-08-16. Computer and Internet Weekly Updates for 2022-08-13 [link] 2022-08-14. Compare – Getting The Deal Through [link] 2022-08-16.

Privacy 45

Privacy Government Law Intellectual Property Law 45

Barry Sookman

JUNE 5, 2022

Tim Hortons violated law in tracking people with app even when it was not in use, privacy watchdogs say – The Globe… [link] 2022-06-01. DALL-E 2 [link] 2022-05-30. Facial recognition: Clearview AI fined more than £7.5m by the ICO [link] 2022-05-30. O Hypocrisy!

Privacy 45

Privacy Copyright Infringement Copyright Law 45

Barry Sookman

MAY 8, 2022

European court of justice finds that consumer associations can sue for enforcement of GDPR privacy obligations [link] 2022-05-01. It is not unlawful for a government to use modern means of communication which delete communications and make them… [link] 2022-05-01.

Privacy 45

Privacy Contracts Government Blogging 45

Barry Sookman

NOVEMBER 14, 2021

Cloudflare Tests Limits of Contributory Copyright Infringement [link] 2021-11-12. Google wins big with a representative action for breach of privacy dismissed on procedural grounds Lloyd v Google L… [link] … The post Computer and Internet Weekly Updates for 2021-11-13 appeared first on Barry Sookman. link] 2021-11-11.

Privacy 45

Privacy Copyright Infringement IP Technology 45

Barry Sookman

JUNE 19, 2022

Copyright Office Sued For Refusing To Register AI-Made Work [link] 2022-06-13. Copyright in scripts and characters considered in UK case, [link] 2022-06-14. Amended CPPA privacy law to be tabled today Order Paper and Notice Paper No. 89 – June 15, 2022 (44-1) – House of C… [link] 2022-06-15.

Privacy 45

Privacy Government Copyright Law 45

Barry Sookman

DECEMBER 19, 2021

Canadian courts confirm significant limits on privacy class actions [link] 2021-12-13. Computer and Internet Weekly Updates for 2021-12-11 [link] 2021-12-12. Judge Cote Grants Google a TRO Against Operators of Malicious "Botnet" [link] 2021-12-13.

Privacy 45

Privacy Related Rights Copyright Marketing 45

Barry Sookman

APRIL 30, 2023

Federal Court sides with Facebook in privacy case tied to Cambridge Analytica affair | CBC News [link] 2023-04-23 Computer and Internet Weekly Updates for 2023-04-22 [link] 2023-04-23 [link] 2023-04-23 Navigating Copyright Risks in Generative AI [link] 2023-04-24 USPTO is holding public listening sessions on AI inventorship for patents [link] 2023-04-24 (..)

Privacy 45

Privacy Government Publishing Copyright 45

Barry Sookman

MAY 30, 2021

Minding the FLoCs: Google’s Marketing Moves, AI, Privacy and the Data Commons – Centre for International Governance… [link] 2021-05-25. What Can Canadian Law Makers Draw from the New UK Online Safety Bill? Computer and Internet Weekly Updates for 2021-05-22 [link] 2021-05-23.

Privacy 40

Privacy Government Marketing Marketing 40

Barry Sookman

MAY 28, 2023

privacy fine [link] 2023-05-22 Google loses Quebec court case over defamatory posts in search results | Financial Post [link] … The post Computer and Internet Weekly Updates for 2023-05-27 appeared first on Barry Sookman.

Privacy 40

Privacy Music Copyright Intellectual Property Law 40

Barry Sookman

JUNE 6, 2021

Privacy Commissioners Comment on Vaccine Passports | McCarthy Tétrault [link] 2021-05-31. Computer and Internet Weekly Updates for 2021-05-29 [link] 2021-05-30. No (Actual) Injury, No Problem: Second Circuit Recognizes an “Increased-Risk” Theory of Standing for Plaintiffs in… [link] 2021-05-31.

Settlement 40

Settlement Privacy Patent Intellectual Property Law 40

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. Puttaswamy v. The Plaintiff also referenced Vanna White v.

Personality Rights 83

Personality Rights Privacy Social Media Copyright 83

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

The IPKat

JUNE 26, 2022

Possible topics include but are not limited to: (i) Intellectual property, including live streaming, clones, reskinning, modding and/or fan participations, etc.; (ii) Abstracts, no longer than 300 words, should be sent to copyrightflexibilities@gmail.com by 30 June 2022. Successful applicants will be notified by the end of July.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

SpicyIP

OCTOBER 27, 2023

Misuse of copyrighted content: It also includes misuse of copyrighted material, such as using images or content without permission to mislead users. This violates copyright laws and may lead to legal actions for copyright infringement.

Intellectual Property 52

Intellectual Property Designs Design False Advertising 52

Barry Sookman

MARCH 29, 2020

Computer and Internet Weekly Updates for 2020-03-21 [link] 2020-03-22 Commissioner issues guidance on privacy and the COVID-19 outbreak [link] 2020-03-23 Canada's cyber spies taking down sites as battle against COVID-19 fraud begins [link] 2020-03-23 Looking to temporarily lay off staff during the coronavirus crisis?

Privacy 52

Privacy Contracts Copyright Infringement Music 52

Barry Sookman

MAY 3, 2020

The Canadian Copyright Licensing Agency (Access Copyright), 2020 FCA 77 fair dealing dec… [link] 2020-04-27 NextNav Offers COVID-19 Contact Tracing App-Makers Free Precise Three-Meter (“Floor Level”) Location Data [link] 2020-04-27 Can We Track COVID-19 and Protect Privacy at the Same Time? It seems that it can!

Privacy 40

Privacy Cease and Desist Technology Copyright 40

Barry Sookman

DECEMBER 12, 2021

Updating the Copyright Law Regime in Hong Kong [link] 2021-12-05. Judge orders Alberta privacy commissioner office to pay costs in FOIP battle [link] 2021-12-06. Computer and Internet Weekly Updates for 2021-12-04 [link] 2021-12-05.

Privacy 45

Privacy Copyright Law Copyright Law 45

Barry Sookman

DECEMBER 5, 2021

'Out of step with other nations': Canada's Crown copyright laws in need of an overhaul, say library associations [link] 2021-12-01. Getting ready for Quebec’s Bill 64 privacy law impacts on outsourcing [link] 2021-12-02. Computer and Internet Weekly Updates for 2021-11-27 [link] 2021-11-28. 'Out

Database Right 45

Database Right Privacy Copyright Law Advertising 45

Barry Sookman

JUNE 13, 2021

News release: Federal, Provincial and Territorial Information and Privacy Commissioners and Ombudsman Issue Joint R… [link] 2021-06-08. Github released from privacy breach class action, Del Giudice v. Tencent ordered to pay compensation for copyright infringement [link] 2021-06-08. link] 2021-06-08.

Non-Fungible Tokens 40

Non-Fungible Tokens Privacy Copyright Law Copyright Infringement 40

Barry Sookman

APRIL 26, 2020

seals the deal on USMCA, says trade agreement can now take effect July 1 [link] 2020-04-25 Civil liberties group warns of 'invasion of privacy' after Ontario gives police COVID-19 test data [link] 2020-04-25 Meghan's privacy action against U.K. On Friday, April 24, MLI will be hostin… 2020-04-24 U.S.

Privacy 52

Privacy Social Media Copyright Infringement Copyright 52