Technology & Marketing Law Blog

MAY 30, 2022

Walking Mountain (affectionately known as the “Barbie in a Blender” case) noted that “every court to address the issue whether a defendant’s work qualifies as a parody has treated this question as one of law to be decided by the court.” Rusty Krab Restaurant (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 111

Blogging Social Media Television Fair Use 111

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FEBRUARY 22, 2022

Organization for Transformative Works, Rebecca Tushnet: The Organization for Transformative Works (“OTW”) is a nonprofit established to protect and defend fans and fanworks from commercial exploitation and legal challenge. This is a space to monitor but perhaps law doesn’t have all that much to say.

Copyright 45

Copyright Fair Use Music Licensing 45

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AUGUST 3, 2023

Cariou is still arguably good law w/the exception of the relevance of artist’s intent. Taken copyright-protected material and transformed it into public domain material—dangerous for law firms. Court chose to rule quite narrowly in part b/c of concessions during litigation. Second Circuit had buyer’s remorse about Prince v.

Fair Use 40

Fair Use Copyright Derivative Work Marketing 40

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FEBRUARY 3, 2024

They’re making failure to monitor repeat infringers into its own independent basis of liability—so it’s not really a DMCA case, but a conflation of common law and DMCA theories of liability. Generative AI: a wide range of other laws are relevant—transparency, labor law, antidiscrimination, privacy and data protection.

Privacy 45

Privacy Fair Use Fanworks Government 45

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APRIL 7, 2023

Moderator: Pamela Samuelson, Berkeley Law School From Notice-and-Takedown to Content Licensing and Filtering: How the Absence of UGC Monetization Rules Impacts Fundamental Rights João Quintais, University of Amsterdam with Martin Senftleben, University of Amsterdam Human rights impact of the new rules.

Art 49

Art Licensing Designs Design 49