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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

It’s a small operation, with a 2022 budget of under $1M/year. Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story.

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Facebook Defeats User’s TOS Breach Claim–Lloyd v. Facebook

Eric Goldman

The district court dismissed the complaint in 2022. “The fundamental deficiency in the claim…is a failure to point to any specific contract provision (or promise) that Facebook breached… For the same reason, 230(c)(1) is also a bar to Ms. Facebook appeared first on Technology & Marketing Law Blog.

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Journalists’ Lack of Harm Fatal to DMCA Claims Against AI Developer

Debevoise Data Blog

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Eric Goldman

Michael Flores, representing himself, filed a claim for misrepresentation under Section 512(f) on June 28, 2022, twelve days after the CCB began. Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Let’s take a look.

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Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)

Eric Goldman

Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay. Note 1: all guest bloggers do it purely for the glory.

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2023 Quick Links: Section 230

Eric Goldman

With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Where the motion to dismiss concerns questions of law, additional discovery is not required.

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The SEC’s New Risk Alert Warns about the Use of Alternative Data

Debevoise Data Blog

On April 26, 2022, the Division of Examinations (“EXAMS”) of the Securities and Exchange Commission (the “SEC”) issued a Risk Alert titled “ Investment Adviser MNPI Compliance Issues ” (“Risk Alert”) on the use of alternative data.