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24 Oct 2019, 9:10 am by Mercedes Samavi and Alja Poler De Zwart
The CJEU’s Planet49 Ruling The Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV v Planet49 GmbH (Case C-673/17) focused on a promotional lottery that Planet49 ran on its website. [read post]
24 Oct 2019, 9:10 am by Mercedes Samavi and Alja Poler De Zwart
The CJEU’s Planet49 Ruling The Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV v Planet49 GmbH (Case C-673/17) focused on a promotional lottery that Planet49 ran on its website. [read post]
24 Oct 2019, 12:25 am
In that case, fair use was limited to works that transformed the original through use of parody or satire - this is juxtaposes the current environment, which noticeably reduces the rights of photographers in their works through the expansion of fair use, as evident in Cariou v Prince in 2013, and Rentmeester v Nike, Inc. in 2018.This is further explored through an examination of the Andy Warhol case, which further illustrates the expansion of the fair use exception to the detriment… [read post]
23 Oct 2019, 11:57 am by Howard Knopf
In the past, many have observed anecdotally and cynically that even after many years of deliberation and millions of dollars in legal and expert fees often expended, the tariff at the end of the day has often the simple arithmetical average of the amounts proposed by the proponent and opponent(s) +/– a few percent.However, that pattern, if it was ever true, has been changing and  the Board has issued some surprising and encouraging decision. in recent yearsThe Board has refused to set… [read post]
23 Oct 2019, 6:00 am by umbrella
An Ontario court grappled with this interesting question in Makdissi v. [read post]
23 Oct 2019, 6:00 am by umbrella
An Ontario court grappled with this interesting question in Makdissi v. [read post]
21 Oct 2019, 6:00 am by Brian Gallini
In its well-known decision of Illinois v. [read post]
20 Oct 2019, 7:00 am by Race to the Bottom
(Nikhilesh De, Coindesk).Although SEC guidance is not legally binding, the published guidance made it clear that the SEC would be applying the familiar Howey Test established in the 1946 Supreme Court case, SEC v. [read post]
20 Oct 2019, 5:37 am by Florian Mueller
The last case of a similar profile in which everyone I talked to hoped for reversal by the highest court was the design patent damages (to the extent of unapportioned disgorgement) Apple v. [read post]
18 Oct 2019, 4:24 pm by INFORRM
… I hope that the BBFC will be a key part of the future of this process, because its expertise is in the classification of content. [read post]
18 Oct 2019, 6:30 am by Sandy Levinson
They included the House Un-American Activities Committee and other McCarthyite organizations (including some within the Executive Branch); as well as the white men on the Alabama jury in New York Times v. [read post]
17 Oct 2019, 8:18 am by John Jascob
Hungar stated that the SEC did not even find that its new rule will do more good than harm, nor did it conclude that the information that it hopes to obtain from the "reckless experiment" will actually benefit investors, strengthen the market, or promote the purposes of the Exchange Act. [read post]
17 Oct 2019, 4:15 am by Lee Burgunder
However, since then, photographers have suffered a series of losses, beginning in 2013 with Cariou v.... [read post]