The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The process of creating a digital asset with a smart contract is called "minting". a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive.

Copyright 234

Copyright Non-Fungible Tokens Technology Plagiarism 234

TorrentFreak

FEBRUARY 20, 2023

In 2022, Judge Zilly referred several of the non-copyright-related complaints to arbitration, including allegations that AimJunkies’ cheats violated the DMCA’s anti-circumvention provision and were illegally sold to third parties. “The evidence shows that Phoenix sold more than one thousand copies of the cheats.

Copying 121

Copying Copyright Infringement Copyright Contracts 121

Technology & Marketing Law Blog

APRIL 26, 2023

If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. We have previously observed the importance of notice in the analogous context of electronic consumer contracts.

Contracts 77

Contracts Copying Technology Licensing 77

Technology & Marketing Law Blog

APRIL 23, 2022

Plus, “Facebook cannot be said to have been a willful wrongdoer when the contract did not require it to preserve any content of its users.” April 20, 2022). The plaintiff’s alleged harm is the loss of a decade of photos, but the lack of an explanation didn’t cause that harm (the termination did). Peculiar Value.

Copying 103

Copying Contracts Blogging Law 103

Kluwer Copyright Blog

MARCH 14, 2024

This article summarises the most important BGH copyright decisions in 2022 as well as selected lower-court case law. Part II will focus on copyright contract law and claims under copyright law. Part II of this post will focus on copyright contract law and claims under copyright law. This article is divided into two parts.

Law 63

Law Music Copyright Art 63

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Buying Objects ? Buying Copyrights.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

Technology & Marketing Law Blog

JUNE 2, 2022

“Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” May 31, 2022). Nature of the Work. Amount Used.

Copyright 143

Copyright Social Media Fair Use Licensing 143

Kluwer Copyright Blog

MARCH 16, 2022

Running from 29 October 2021 to 7 January 2022, the “ Artificial Intelligence and IP: copyright and patents ” consultation formed the latest round in an ongoing national conversation between the UK Intellectual Property Office ( UKIPO ) and interested stakeholders (see here ). Photo by Gabriella Clare Marino on Unsplash. Going forward.

Licensing 93

Licensing IP Intellectual Property Intellectual Property Law 93

Kluwer Copyright Blog

NOVEMBER 28, 2022

The Conseil d’Etat , the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. Article 18 of the CDSM provides that where authors license or transfer their exclusive rights for the exploitation of their works, they are ‘ entitled to receive appropriate and proportionate remuneration ’.

Contracts 96

Contracts Intellectual Property Cinema Copying 96

43(B)log

FEBRUARY 19, 2022

licensing) for roles. If something isn’t protected by IP, it’s free for copying. We like copying! Confusion is what we try to avoid, not copying. Amazon may also be able to redefine information by contract. OK to ask barista to make a latte and pay her for it, not so much for one’s PhD advisor.

Law 119

Law Branding Brands Branding 119

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. March 21, 2022). RCN Telecom Services, LLC , 2022 WL 1291388 (D. April 29, 2022). We have not previously considered what is required for a copy to persist for more than a transitory period. * Hebenstreit v.

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

The IPKat

JANUARY 18, 2023

In this post, the most interesting parts of Ryder Ripps’ answer, defence and counterclaim , filed on December 27, 2022 will be analyzed. What is really interesting is that the smart contract does not contain a link to the image but rather a link to a JSON file. As readers will appreciate, they contain valuable insights into NFTs.

Artwork 82

Artwork Contracts False Advertising Art 82

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed. Its revised terms make clear that platform users are not granted an express license. For example.

Licensing 115

Licensing Fair Use Blogging Copyright 115

The IPKat

FEBRUARY 13, 2022

DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. But what happens when it comes to e-books and audiobooks, where copyright owners typically license access to the works rather than selling copies?

Blogging 52

Blogging IP Copying Copyright 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 4] Andrew L.

IP 52

IP Artwork Contracts Intellectual Property 52

Kluwer Copyright Blog

AUGUST 24, 2022

As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). The consultation closed in the beginning of January 2022. All-purpose TDM.

Government 95

Government Intellectual Property Licensing Copyright 95

SpicyIP

MAY 23, 2024

The Court narrowed down the point of dispute to one issue- whether Vodafone is liable to pay royalty and operate separate license from IPRS in order to commercially exploit the underlying musical and literary work of authors, who are member of IPRS. Do A ll Rights Subsist with the First Owner?

Music 59

Music Licensing Copyright Moral Rights 59

Technology & Marketing Law Blog

JULY 14, 2022

NB: there always should be someone at the company who can easily answer just how many times the TOS has been amended and provide definitive copies of each amendment and the date they occurred. That would be a legal fiction, but most online contract formation law is predicated on similar fictions). 2022 WL 2673080 (N.D.

Contracts 109

Contracts Blogging Business Law 109

SpicyIP

MAY 2, 2022

The Bombay High Court through order dated 27 th April 2022 in Shemaroo Entertainment Limited v. This agreement was for a period from 1 st July 2019 to 30 th June 2022. While entering into a licensing agreement in the first place, the Defendant had essentially given up its right to contend such an exemption. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Copyright Lately

APRIL 6, 2024

Yonay’s widow and son launched the legal action in June 2022 after Paramount Pictures released the blockbuster sequel Top Gun: Maverick without renegotiating a license to adapt Yonay’s “Top Guns” article, despite a 2018 copyright termination notice served by his heirs. As always, I’d love to know what you think.

Copyright 90

Copyright Copyright Infringement Social Media Licensing 90

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.” La Dolfina S.A., 20-82231-CIV-CANNON/Reinhart (S.D. Plaintiffs raise allegedly awesome polo ponies.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. in damages, which is the total license fee for the photos. 2022 FC 470: [link]. They sought $22,412.45 Why August image LLC’s Case Failed.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

LexBlog IP

DECEMBER 22, 2022

GMC properly licenses the right to display, from the copyright owners of the lyrics. Google contracted with LyricFind to supply song lyrics for Google’s “Information Box.” GMC sued Google in state court, for breach of contract (based on its TOU), unfair competition, and several other state law claims.

Contracts 52

Contracts Social Media Copyright Music 52

LexBlog IP

JUNE 7, 2023

” In November 2022, two anonymous software programmers who own source code repositories publicly available through GitHub brought a class action lawsuit in the Northern District of California against GitHub and OpenAI ( DOE 1 et al v.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. This protection extends to unauthorized reproduction, adaptation, and distribution, among other activities. Who owns the copyright?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. National copyright contract rules imposing limitations on the licensing of copyright in future works may obstruct OA mandates.

Copyright 106

Copyright Ownership Journalism Publishing 106

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. 2022 WL 4372349 (N.D. Bonne chance.”).

Contracts 93

Contracts Social Media Advertising Advertising 93

Technology & Marketing Law Blog

FEBRUARY 13, 2023

More than eight hours of excerpts from those recorded interviews were published by Simon & Schuster in October 2022 as an audiobook under the title The Trump Tapes: Bob Woodward’s Twenty Interviews with President Donald Trump. (The 202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Technology & Marketing Law Blog

NOVEMBER 30, 2022

RCN Telecom Services, LLC , 2022 WL 6750322 (D.N.J. 2022 WL 7560395 (D. Some lowlights from the opinion: Direct infringement. Therefore, Plaintiffs have adequately pled that Defendants are not eligible for safe harbor under the DMCA to warrant dismissal at this stage of the proceedings. BONUS: Millennium Funding, Inc.

Copyright 127

Copyright Advertising Advertising Copyright Infringement 127

Technology & Marketing Law Blog

MARCH 22, 2022

Furthermore, Business Casual alleged that although YouTube has automated processes to identify and flag videos containing copyrighted content, TV-Novosti intentionally circumvented these processes by applying certain editing techniques to the content that TV-Novosti allegedly copied. YouTube, LLC , 21-cv-3610 (SDNY March 21, 2022).

Business 107

Business Copyright Copyright Infringement Licensing 107

Kluwer Copyright Blog

DECEMBER 26, 2021

However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the program’s rightsholder. The consultation closes on 7 January 2022. CDSM Directive implementation.

Copyright Law 115

Copyright Law Copyright Law Reporting 115

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government 141

Government Related Rights Copyright Law 141