Traverse Legal Blog

MAY 1, 2022

An Acceptable Use Policy (AUP) (also known as a Fair Use Policy) is a set of rules applied by the owner, creator or administrator of a network, website, or service that restricts the ways in which the network, website, or service may be used and sets guidelines as to how it should be used. Pornography.

Social Media 97

Social Media Reporting Business Fair Use 97

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 74

Copyright Law Copyright Law Copyright Infringement 74

Technology & Marketing Law Blog

DECEMBER 11, 2021

In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. The post Yearbook Defendants Lose Two More Section 230 Rulings appeared first on Technology & Marketing Law Blog. Callahan v. PeopleConnect, Inc., Whitepages.

Advertising 92

Advertising Advertising Social Media Blogging 92

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs also may embody or use trademarks. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Not only are some services different from social media, one social media platform may differ very much from each other.

Copyright 44

Copyright Fair Use Music Licensing 44

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs also may embody or use trademarks. At that point, US trademark applicants have an additional 3 years to begin using the mark in US commerce.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

FEBRUARY 18, 2022

Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona. Influence of law, desire to contract, social norms. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies.

Fair Use 57

Fair Use Contracts Litigation Copying 57

Plagiarism Today

OCTOBER 7, 2021

Those questions come from every angle and include debates about social media, the ethics of organ donation, writers’ ethics when using elements from another person’s life and much, much more. As such, we have to turn to the law if we want any clarity and, frankly, the news there isn’t good either.

Plagiarism 270

Plagiarism Art Copying Privacy 270

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Twitter SCOTUS opinion as an example of what the law looks like if Section 230 doesn’t apply. ACLU case because it’s a foundational and historically significant Internet Law case.

Editing 52

Editing Law Contracts Privacy 52

SpicyIP

JULY 11, 2021

He evaluates the various applicable laws to argue that a thesis is a ‘public document’, the right to access which is available to the public as a matter of public interest, as well as through fair use under Section 52 of Copyright Act and also the RTI Act. Other Posts. For further details, please see the announcement.

Moral Rights 105

Moral Rights Journalism Licensing IP 105

Copyright Lately

MAY 21, 2021

The man in the photo, whom Dolezal previously identified as “my dad” in social media posts, was later revealed to be Albert Wilkerson Jr. , In a forthcoming law review article, professor Cathay Smith writes about the increasingly widespread phenomenon of “weaponizing copyright.”

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. 3) reasonable measures to safeguard privacy interests. (4)

Social Media 52

Social Media Fair Use Advertising Advertising 52

Kluwer Copyright Blog

JUNE 26, 2024

And what is the fate of copyright law in this new world order? Copyright & AI (Search) Agents Copyright law has long been the cornerstone of protecting the intellectual property (IP) rights of content creators and incentivising creativity. Would there be any incentives to create original content?

Copyright 102

Copyright Content Creation Fair Use Technology 102

The IPKat

JULY 7, 2024

Several years ago, the IPKat stated that the creation and distribution of GIFs does not necessarily appear to be a safe bet from a copyright perspective under the laws of the EU member states, as it would constitute a prima facie infringement given the closed list of exceptions and limitations. Kats are always right! 107 to apply.

Fair Use 70

Fair Use Social Media Privacy Copyright 70

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. In one notable case, Balsley v. LFP , Inc. ,

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

43(B)log

APRIL 7, 2023

Moderator: Martin Senftleben, University of Amsterdam Copyright Law and/or/vs. a ‘Brussels Effect’ for the Digital Services Act Jennifer Urban, Berkeley Law School The Brussels Effect claim is descriptive, not predictive—can it apply to the DSA? Anupam Chander, Georgetown Law School Imagine the DSA of Brazil, India, Nigeria, or Putin.

Art 44

Art Copyright Settlement Moral Rights 44

Technology & Marketing Law Blog

JANUARY 27, 2022

This is my annual review of the Internet Law highlights of the prior year. I’ve posted a 2021 year-in-review post for emoji law , and I will post a separate Section 230 year-in-review soon. First, governments can never successfully operate a social media service. Social Media Dumps Trump.

Social Media 127

Social Media Law Privacy Government 127

Technology & Marketing Law Blog

JANUARY 24, 2023

Three dynamics combined to make 2022 a brutal year for Internet Law. This reflects years of tech-trashing by the media and politicians–and an imbalanced discourse because there’s surprisingly little counternarrative to the techlash narrative (I hope to address this with my forthcoming book project). NetChoice v.

Law 115

Law Social Media Government Privacy 115