Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). 2 of the Rental and Lending Rights Directive.

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The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

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Copyright Moral Rights Government Public Domain 62

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

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Copyright Ownership Publishing Copyright Infringement 98

IP and Legal Filings

JANUARY 23, 2024

DAOs stand by the statement that, “code runs the board” rather than the other way around since the code is open source i.e. can be seen by anyone, is executed by efficient smart contracts and finds its way around the archetypal company management style. iv] (user content stored on centralised servers of the company). [v]

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Contracts Government Ownership Intellectual Property 76

The IPKat

JANUARY 27, 2023

In its last judgment of 2022, the Patents Court issued a decision in the case of Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat)). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

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Inventor IP Contracts Invention 98

LexBlog IP

NOVEMBER 27, 2023

17/2022, regulating the connection of distributed renewable energy production units to the electricity network, reflects the country’s commitment to transforming its energy sector, promoting sustainability, and attracting foreign investments. The UAE’s implementation of Federal Decree-Law No.

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Ownership Contracts Marketing Marketing 52

Plagiarism Today

AUGUST 2, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO (@the_spice_club) January 15, 2022. In countries where there is no government recordation of copyright, blockchain offers a decentralized and transparent process to record copyright ownership, transfers and licenses.

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Copyright Non-Fungible Tokens Technology Plagiarism 234

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. 2022 WL 1459568 (N.D.

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Contracts Publishing Licensing Editing 124

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.

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Copyright Ownership Journalism Publishing 106

The IP Law Blog

MARCH 30, 2023

For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. The UAIA was signed into law on December 29, 2022, and included in the U.S. Patents offer many advantages to individuals and companies. A small entity is defined under 37 CFR § 1.27

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Business Inventor Patent Licensing 98

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. It is thus very much in line with the spirit of Title IV, arts. of the Directive. A new para 2 to art. On the other hand, art.

Publishing 129

Publishing Contracts Art Copyright 129

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. More on this next.

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Non-Fungible Tokens Advertising Advertising Ownership 140

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.),

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Non-Fungible Tokens Contracts Copying Art 135

Intepat

DECEMBER 4, 2023

The share of export of MSME specified products in all India exports during the years 2020-21, 2021-22, and 2022-23 was 49.4%, 45.0%, and 43.6%, respectively. The surge in patent applications by MSMEs in the financial year 2022-23, marking a 28.4% Cross-licensing agreements also enable access to external technology.

Patent 52

Patent Intellectual Property Ownership Invention 52

43(B)log

AUGUST 25, 2022

2022 WL 3590329, No. 22, 2022) Nexo’s Crypto Credit service allows users to take out loans against cryptocurrency collateral. Clients retain 100% ownership of their digital assets. while acting otherwise—eventually invoking its ownership right over users’ collateral to justify liquidation of that collateral (e.g.

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False Advertising Ownership Advertising Advertising 59

43(B)log

OCTOBER 10, 2023

Challenged claim: DealMaker’s customers do not retain ownership over their own data. DealMaker noted that Issuance’s own terms include a provision that allows Issuance to license its data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%.

False Advertising 59

False Advertising Ownership Advertising Advertising 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]. 2022 FC 470: [link]. They sought $22,412.45 Further Reading.

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Copyright Infringement Copyright Registration Social Media 104

LexBlog IP

JANUARY 26, 2022

She sold her business several years ago to JLM and in so doing assigned rights in her name – she allowed the business to register her name as a trademark (meaning that the transaction was more than a mere license). The parties are now fighting over control and ownership of certain social media accounts created during the pendency of Ms.

Social Media 52

Social Media Ownership Contracts Intellectual Property 52

The IPKat

DECEMBER 14, 2023

Interested readers can find the Africa IP Highlights 2022, here. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. March: Nigeria’s Copyright Bill, 2022 was signed into law. Katpost on that here. Katpost on some of the Bill’s highlight here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

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 ). Definitely.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. On appeal, the Federal Circuit looked to the contract and its own prior precedent to conclude that a purchase agreement is a classic offer to sell. by Dennis Crouch. Venture (Fed.

Invention 82

Invention Contracts Licensing Inventor 82

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. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

MARCH 30, 2023

For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. The UAIA was signed into law on December 29, 2022, and included in the U.S. Patents offer many advantages to individuals and companies. A small entity is defined under 37 CFR § 1.27

Business 52

Business Inventor Patent Licensing 52

43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” La Dolfina S.A.,

False Advertising 59

False Advertising Advertising Advertising Ownership 59

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.

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Government Intellectual Property Licensing Copyright 95

Technology & Marketing Law Blog

JULY 25, 2022

July 14, 2022). The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. MGM also promised Starz that it would not license the same work(s) to anyone else during each of those periods. Starz Entertainment, LLC v.

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

43(B)log

FEBRUARY 19, 2022

Contracts aren’t enough to specify what each person is to do and what percent of the profits they get. Disempowers those who participate in TM but not in the ownership of the company. In 2016, b/c of issues from 2012 and McCain, the ASCAP/BMI blanket license added an opt out for political campaigns. There is no one truth.

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Branding Brands Branding Music 59

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 The Falwell court was on solid ground in denying relief on the grounds of an implied license.

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Copyright Blogging Publishing Fair Use 120

The TTABlog

APRIL 6, 2022

2022 USPQ2d 292 (TTAB 2022) [precedential] (Opinion by Judge Marc A. As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. Welch 2022. ADOL Sh.p.k.

Ownership 52

Ownership Registration Trademark Contracts 52

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Technology & Marketing Law Blog

JUNE 9, 2022

The following Facebook claims are still active: (1) breach of contract, citing the Facebook and Instagram terms of use; (2) unjust enrichment; (3) violation of the Computer Fraud and Abuse Act; (4) violation of California’s Comprehensive Computer Data Access and Fraud Act (“CDAFA,” Cal. ” Oof.

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Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. See generally, Christopher A. In contrast, in JLM Couture v.

Social Media 80

Social Media Contracts Ownership Business 80

JIPEL Copyright Blog

MARCH 29, 2022

Along with these evolutions in the digital space, forms of investment and ownership are also advancing to make use of these technologies. Essentially, an NFT is a digital token that can serve as a certificate of ownership. Today’s digital world is evolving constantly and at extraordinary speeds.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

Patently-O

FEBRUARY 22, 2023

For instance, the International Trade Commission already requires some disclosure of complainants that seek its exclusive jurisdiction over nationwide injunctions, both as to NPE status and to licensing and industry activity to establish the statutory domestic industry requirement. 3] See, e.g., Huber v. 5] See Eric Blinderman et al.,

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Patently-O

APRIL 10, 2022

Meso Scale Diagnostics, LLC , 2022 WL 1052320, — 4th — ( Fed. Writing in dissent, Judge Newman would have found that Meso did not have an exclusive license in the patents, and therefore Roche was not liable for either direct or induced infringement. This license required Roche to note this field restriction on its product packaging.

Licensing 57

Licensing Technology Patent Patent Infringement 57

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52