Tag Archives: copyright

27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 4: Industry Perspectives

Posted on April 8, 2023 by rtushnet

Moderator: Daphne Keller, Stanford Cyber Policy Center    DSA represents a shift to operational mandates compared to DMCA, Art. 17—thoughts? Sabrina Perelman, Pinterest: Important to remember what DSA is and isn’t. We’ve preserved the safe harbor, prohibition against general monitoring. … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 3: Intended and Unintended Consequences of the DSA

Posted on April 7, 2023 by rtushnet

 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 … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Shira Perlmutter, Register of Copyrights, Keynote on emerging tech

Posted on April 7, 2023 by rtushnet

Shira Perlmutter AI detection and AI generation of content: CO has role to play in applications for registration and as advisors to Congress/exec branch on © law and policy. Use of tech measures to detect works online: we published a … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 2: Will the DSA Achieve a “Brussels Effect”?

Posted on April 7, 2023 by rtushnet

 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? Criteria favoring a Brussels Effect … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Keynote and copyright interactions

Posted on April 7, 2023 by rtushnet

Opening Keynote by Irene Roche-Laguna of the European Commission’s DGCONNECT group on origins and aspirations for the DSA People thought it couldn’t be done; didn’t know whether it would be a directive or a regulation. But took only 6 months … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA—A Transatlantic Dialogue on Online Platform Liability and Copyright Law

Posted on April 7, 2023 by rtushnet

Tutorial “The EU Digital Services Act – Overview and Central Features” General DSA Architecture and Approach      Martin Senftleben, University of Amsterdam Formally, the safe harbor system is still in place for mere conduit, caching and hosting services for third-party information … Continue reading →

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(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

Posted on March 31, 2023 by rtushnet

Estate of Henry Joseph Darger v. Lerner, 2023 WL 2664341, No. 22 C 03911 (N.D. Ill. Mar. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.” The Estate alleged that his copyrights … Continue reading →

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Transformative work of the day, SVB edition

Posted on March 15, 2023 by rtushnet

from Blogger http://tushnet.blogspot.com/2023/03/transformative-work-of-day-svb-edition.html

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Drop-shipper’s “in stock” and “trust us over others” claims not shown to be deceptive

Posted on March 10, 2023 by rtushnet

Krikor v. Sports Mall, LLC, 2023 WL 2372068, No. CV 22-5600-DMG (MRWx) (C.D. Cal. Jan. 24, 2023) Previous decision here—really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with … Continue reading →

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Classmates.com, the right of publicity, and copyright preemption

Posted on November 2, 2021 by rtushnet

Callahan v. PeopleConnect, Inc., 2021 WL 5050079, No. 20-cv-09203-EMC (N.D. Cal. Nov. 1, 2021) Plaintiffs in this putative class action alleged that PeopleConnect misappropriated their names, photographs, and likenesses and used the same in advertising its products and services, “including … Continue reading →

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