Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

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Blogging Licensing Privacy Copyright Notice 132

Velocity of Content

JANUARY 7, 2025

The answer to this conundrum may simply lie in the time-tested solution that has proven successful during earlier periods of technological advancement: licensing. 2 Licensing enables copyright owners and users to come together in a mutually beneficial manner, helping the market function more efficiently and responsibly.

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Copyright Licensing Fair Use Journalism 52

TorrentFreak

APRIL 23, 2024

The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. Among other things, IA argued that its lending activity causes no financial harm is substantially different from the ebook licensing market.

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Copyright Fair Use Copying Publishing 138

Kluwer Copyright Blog

JULY 24, 2024

Yet especially in the business-to-consumer or “B2C” context, these ToS have often been reviled as largely unread, not understood, and creating an abusive relationship of imbalance of power in monopolistic or oligopolistic markets. Is it a proper copyright ownership or an assigned license? user, service)?

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Copyright Ownership Social Media Licensing 135

Technology & Marketing Law Blog

JANUARY 22, 2023

She signed a license with QuickFrame to use her likeness only on Instagram. The court says: “New York courts have long construed Sections 50 and 51 to provide a statutory right to privacy , not property… New York does not recognize the common law right of publicity. Patty Ratermann is a model.

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Privacy Intellectual Property IP Intellectual Property Law 111

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

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Privacy Government Intellectual Property Business 52

Technology & Marketing Law Blog

JULY 9, 2024

” The invasion of privacy claim fails “because Facebook’s data policy gives clear notice that third party partners may share data with Facebook, Lloyd did not have a reasonable expectation of privacy in this information.” Facebook appeared first on Technology & Marketing Law Blog. Case Citation : Lloyd v.

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Contracts Privacy Blogging Publishing 98

Kluwer Copyright Blog

APRIL 15, 2024

3) What is the effect of open source licenses on the AI model that uses only some open source components? (4) There are many AI models that claim to be open source – just as there are multiple forms of open source licenses , from permissive licenses (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 105

Licensing Social Media Contracts Privacy 105

SpicyIP

AUGUST 2, 2024

Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.

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Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. CMG appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. Apple appeared first on Technology & Marketing Law Blog. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops. Apple, Inc.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

TorrentFreak

JULY 27, 2022

VPN services are a useful tool to protect internet users’ online privacy. “To combat this problem, we can now accurately detect users accessing streaming services using hijacked residential IP addresses to help uphold the territorial licensing models our customers depend on,” GeoComply’s James Clark says.

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IP Privacy Advertising Advertising 144

The IP Law Blog

MAY 4, 2023

Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users.

Marketing 98

Marketing Marketing Privacy Contracts 98

TorrentFreak

AUGUST 31, 2023

IIPA aims to improve copyright protection and enforcement in overseas markets with high levels of piracy. The IIPA’s submission begins by painting a picture of creativity and productivity in the United States versus an “entrenchment of infringing services” in foreign markets.

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Marketing Marketing Government Registration 120

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

That could include things like driver’s licenses or other government-issued documents that contain substantial additional sensitive personal information beyond the person’s age. That creates a different, but not less problematic, vector for privacy and security violations.

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Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy. The post X Corp.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

OCTOBER 29, 2021

Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation. 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce). Amazon appeared first on Technology & Marketing Law Blog. Modified Clickwrap” Upheld In Court–Moule v. TransUnion. Is That Surprising?–Long

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Contracts Privacy Blogging Litigation 105

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

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Fair Use Social Media Licensing Marketing 93

SpicyIP

OCTOBER 11, 2022

Li : Privacy Law is a growing field of law, as is law related to artificial intelligence (AI). With the increased collection and use of data, privacy law comes to the forefront as something that is really important for law students and lawyers to know. and social markets (Facebook). In other words, the markets add value.

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IP Law Intellectual Property Privacy 80

JD Supra Law

MARCH 4, 2025

Stay tuned for expert insights regarding the impact of AI on intellectual property, licensing, contracts, regulatory policy, enforcement, privacy, and venture markets in life sciences. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences.

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Intellectual Property Privacy Blogging Contracts 52

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 Art Music 105

Technology & Marketing Law Blog

MARCH 23, 2022

Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. appeared first on Technology & Marketing Law Blog. Case Citation: Callahan v. PeopleConnect, Inc. , 21-16040 (9th Cir. March 18, 2022). Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)”.

Privacy 116

Privacy Contracts Personality Rights Litigation 116

Technology & Marketing Law Blog

JUNE 20, 2024

The court says “Plaintiffs’ express assent to 1 Hotel’s use of the photograph therefore created an implied license to use the Photograph on Defendant’s “social channels.”” If the consent was legally effective, then it created an express license, not an implied one. ” This is confused. Case Citation : Khachatryan v.

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Social Media Copyright Licensing Advertising 105

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. ” OK boomer.

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Privacy Contracts Marketing Marketing 98

The IPKat

JULY 7, 2024

Copyright Office in 2012, proceeded to sue the Congressman together with the Committee for copyright infringement and for violation of her son’s privacy. King's original post. The District Court held the Committee, but not the Congressman, responsible for copyright infringement, although it awarded Griner only the statutory minimum damages.

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Fair Use Social Media Privacy Copyright 75

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

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Intellectual Property Privacy Branding Brands 105

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

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IP Intellectual Property Social Media Cease and Desist 98

IPilogue

MARCH 30, 2022

Some organization collects profits from licensing, and others to write cheques as cost to market each time that you use your device! As the space-time continuum continues to shrink in our rapidly evolving world, data, standards, and privacy become even more important. Conclusion.

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Government IP Intellectual Property Technology 111

IP and Legal Filings

DECEMBER 19, 2024

A core ethical concern behind patenting Metaverse technology is that it would likely result in monopolies of patents, thereby potentially curtailing growth in open, inclusive platforms and even a type of digital divide by excluding the individual who cannot license or purchase patented ideas.

Technology 52

Technology Invention Patent Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Case citation : JLM Couture, Inc. Christou v.

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Social Media Ownership Design Designs 105

Kluwer Copyright Blog

MAY 22, 2023

Among many other things, such as security, social morality, unfair competition, data accuracy and privacy, the draft Regulation turns to two specific copyright aspects that are addressed in Article 7, namely providers’ liability for IP violations, and access to copyright-protected materials for data training.

Licensing 98

Licensing IP Copyright Reporting 98

Technology & Marketing Law Blog

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. Entertainment, Inc. , 22-55982 (9th Cir.

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False Advertising Government Privacy Design 98

The IPKat

NOVEMBER 22, 2023

They are trained on large volumes of data in multiple steps including copyright protected works used with or without the permission of the creator or appropriate licenses. Dan Conway , CEO of the Publishers Association , stressed the need for a licensing framework, involving permission, transparency, remuneration, and attribution.

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Intellectual Property Copyright Fair Use Government 96

Technology & Marketing Law Blog

APRIL 16, 2022

Fluent is a marketing company that generates leads. The transaction in this case is slightly different: the websites in question merely asked the consumer for personal information of some sort in an exchange resulting in marketing communications. Freedom Financial appeared first on Technology & Marketing Law Blog.

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Contracts Designs Design Law 119

Velocity of Content

SEPTEMBER 29, 2022

To meet these “future of” business opportunities, industries across the board are currently transforming to serve ever-changing global markets and needs, which in turn requires developers to accelerate the pace for delivering technological advancements, product designs, R&D, and product developments to “future proof” businesses.

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Technology Intellectual Property Privacy Designs 98

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Although Meta contends that it posted its term updates on users’ Facebook pages, there is no indication that those terms related to anything other than privacy concerns. Meta appeared first on Technology & Marketing Law Blog. There is also no evidence that CFC received an e-mail containing the updated Terms.

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Trademark Contracts Blogging Fair Use 115

IP and Legal Filings

APRIL 10, 2025

This grants celebrities to capitalize on their brand value and at the same time protect it under the realm of privacy rights. Celebrity rights are in a way paradoxical in nature are they form a combination of publicity, personality and privacy rights.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52