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). 7(1) and art. 17(7) CDSM Directive.

Copyright 122

Copyright Art Licensing Contracts 122

TorrentFreak

AUGUST 26, 2022

Many digital file formats allow creators to embed additional data to provide details of ownership or any other relevant information. Between 2013 and 2017, Elias took photographs of hotels and licensed their owning companies to use them in promotional activities. Victor Elias specializes in hotel and resort photography.

Moral Rights 126

Moral Rights Copyright Public Domain Copyright Infringement 126

Indiana Intellectual Property Law

MARCH 30, 2023

Defendant, Lynn Boolman Auto Sales is a used car dealership located in Portland, Indiana created in 2013, per the Indiana Secretary of State. As Stross did not license the right to use the Photograph to the Defendants, he seeks a judgment for direct copyright infringement in violation of 17 U.S.C. § He received his B.S.

Copyright Infringement 52

Copyright Infringement Copyright Artistic Work Copying 52

The IPKat

JANUARY 27, 2023

Background In early 2013, Mr. Jing was hired into a Laboratory at the University of Oxford as a research intern, and contributed to the development of a microscope (the Nanoimager). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

Patently-O

JANUARY 19, 2024

Ownership Rights : Roku argued Universal lacked ownership rights to assert the ‘196 patent because when Universal filed its ITC complaint, it had recently filed a petition to correct inventorship to add a Universal employee. On appeal, the Federal Circuit has affirmed, rejecting each of Roku’s three primary arguments.

Inventor 67

Inventor Ownership Contracts Intellectual Property 67

LexBlog IP

AUGUST 26, 2021

In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc. ” The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. Sirius XM Radio, Inc. , Sirius XM Radio, Inc. , In 1908, the U.S.

Copyright Law 52

Copyright Law Copyright Law Ownership 52

IPilogue

OCTOBER 8, 2021

Olivia Rodrigo rose to stardom this year when her song Drivers License dominated pop music charts across the world. Rodrigo’s highly anticipated debut album, Sour , was released in the wake of the success of Drivers License. Photo by Sebastian Chia ( Unsplash ). What happened? million.

Music 106

Music Copyright Infringement Plagiarism Intellectual Property 106

The TTABlog

APRIL 6, 2022

In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee." See also Chem. Conmar Form Sys.,

Ownership 52

Ownership Registration Trademark Contracts 52

IP Tech Blog

JUNE 18, 2021

Contrary to most legal practice, representing inventors to secure a patent does not require a licensed attorney. The USPTO’s decision to adopt ABA rules is not novel — the agency began this trend in 2013. The changes also make the agency’s procedures easier to comprehend, as discussed below.

Inventor 98

Inventor Patent Patent Prosecution Confidentiality 98

LexBlog IP

AUGUST 26, 2021

In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc. ” The crux of the case turned on the meaning of the phrase, “exclusive ownership,” which the California legislature used in California’s copyright statute in 1872. Sirius XM Radio, Inc. , Sirius XM Radio, Inc. , In 1908, the U.S.

Copyright Law 40

Copyright Law Copyright Law Ownership 40

Patently-O

DECEMBER 21, 2022

Patents filed before March 2013 are examined using the pre-AIA rules of patentability, including 35 U.S.C. Here, though Falzoni was not a Platipak employee or subject to any agreement to assign rights, and so shared inventorship would mean shared ownership with an industry competitor. by Dennis Crouch. 35 U.S.C. §

Inventor 73

Inventor Invention Designs Design 73

IP and Legal Filings

JANUARY 29, 2023

Delving into the parallel creation model, proposed for machinima, it is proposed that it should be based on collaborative creation and no exclusionary ownership. Re-Examining The Copyright Ownership Of Player Created Content, GNLU L. Creations within the gaming framework can never be “independent” or “original”, to begin with.

Copyright 78

Copyright Ownership Publishing Copyright Infringement 78

LexBlog IP

AUGUST 30, 2022

In virtually all trade secret cases, there is a written agreement at the center of the dispute–a restrictive covenant, or a non-disclosure agreement (NDA), or an inventorship agreement or a licensing agreement–that should determine the obligations, if any, of the parties over the information at issue. ” Chicago Title Ins.

Contracts 52

Contracts Invention Ownership Law 52

The TTABlog

AUGUST 2, 2021

The Board found that Shen knew he was not the owner of the mark, that his false statement of ownership was material to the registration, and that he intended to deceive the USPTO. The false statement of ownership was a material misrepresentation because an application filed by someone who is not the owner is void. Cancellation No.

Registration 52

Registration Ownership Licensing Trademark 52

IP and Legal Filings

FEBRUARY 9, 2022

One of the grounds of the case was that the Plaintiff has given an exclusive trademark license assignment to the Defendants. In simple terms, in order to avail state dilution under the Act, the Plaintiff needs to have all the ownership right transferred to their name. The reasoning taken in the case of J.T. Colby & Co. Apple Inc.,

Trademark 52

Trademark Designs Design Registration 52

Technology & Marketing Law Blog

MARCH 10, 2022

In a footnote, the court acknowledges the law is “evolving” with respect to employer ownership of social media accounts: The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. 201 (Spring 2013). See generally, Christopher A. TELECOMM. &

Social Media 79

Social Media Contracts Ownership Business 79

SpicyIP

MAY 23, 2022

of NCT of Delhi v Naresh Kumar Garg, 2013. Without the registration requirement, there is no need of any documentation to even claim ownership, before pointing at someone else for alleged infringement and opening them up to arrest. Cognizable and Non-Bailable. Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. State Govt.

Copyright 137

Copyright Ownership Copyright Infringement Law 137

43(B)log

OCTOBER 4, 2021

In 2013, things began to go bad as Restellini began attempting to purchase certain Modigliani material from WI, and in 2015, Restellini and WI discontinued their collaboration before the catalogue was completed.

False Advertising 59

False Advertising Artwork IP Advertising 59

IP and Legal Filings

AUGUST 14, 2023

2] [image Sources: Shutterstock] When it comes to disagreements over IPR that occur across international borders, this type of dispute is treated the same way as contractual disagreements over the transfer and licensing of these rights are treated: as a tort that falls under general jurisdictional guidelines. [3]

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 30, 2021

Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2) , which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides only an exclusive right of reproduction and distribution, and does not provide an exclusive right of public performance. (See

Blogging 83

Blogging Copyright Settlement Music 83

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 17 U.S.C. §

Blogging 85

Blogging Copyright Licensing Copyright Infringement 85

43(B)log

AUGUST 5, 2021

It seems that boat designers/manufacturers used C&Ds under this regime, but there were 1100 utility patents on boat hulls and 20 design patents since 2013, which was the last boat hull registration. Consider compulsory licensing as a midway point here as well. Was more heavily used 1999-2003. Sharp shift to regular regime.

IP 45

IP Invention Designs Design 45

Kluwer Copyright Blog

FEBRUARY 8, 2024

As a general rule, the publishers of these journals require the author to relinquish their copyright over the work by granting them an assignment of rights or an exclusive license. It is thus very much in line with the spirit of Title IV, arts. of the Directive. What’s next?

Publishing 130

Publishing Contracts Art Copyright 130

IP and Legal Filings

JANUARY 23, 2024

iii] These new organisations quench the thirst of community ownership and free will voting of all members to stop bias and profit maximize intention. mechanism (User content stored in a block chain data and DAOs managing the rules of these chains) in contrast to the ownership by a single entity like meta under web 2.0. Ripple, 20 Civ.

Contracts 77

Contracts Government Ownership Intellectual Property 77

IIPRD

FEBRUARY 23, 2021

The agreement lays down conditions for patent ownership in the event of default. The telecom industry is one such sector that relies heavily on debt-funding with most businesses pledging their towers and spectrum licenses as their collateral assets. If the patent is found valuable enough, the creditor proceeds with the loan.

IP 40

IP Intellectual Property Branding Brands 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. Legislation Relating to Biologics and Biosimilars. BPCIA Litigation. Antitrust Litigation. Post-Grant Challenges at the PTAB. Conclusion.

Settlement 52

Settlement Litigation Marketing Marketing 52

LexBlog IP

JANUARY 5, 2022

But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. ” When a governmental entity infringes, it is using the inventor’s, or the author’s, creation without license or payment. Nation Enters.,

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

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. 18, 2022), available at [link] (last visited Feb.

Litigation 124

Litigation Reporting Settlement Government 124

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She highlights that the emphasis is on investing only in royalty revenue and not buying the artist’s rights or retaining control over their work.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

43(B)log

FEBRUARY 4, 2023

Motivation for © owners to change how they view ownership? Rosenblatt: consider implied license and laches. Sarah Louise Bishop, Scenes a Faire, Novelty, and Genre Before 2013, no court of appeals affirmed use of scene a faire on motion to dismiss, and since then it’s happened a fair amount: 45% in last 5 years. Micropayments?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

JIPL Online

FEBRUARY 25, 2021

As the music industry evolves, artists are looking to negotiate deals that allow them to maintain ownership of their masters so that they can have more flexibility in monetizing the very music they created. [5] Artists’ Frustrations with Transfer of Ownership in Record Agreements. BACKGROUND. CONCLUSION.

Music 98

Music Ownership Copyright Law Contracts 98

LexBlog IP

NOVEMBER 9, 2021

In this latest edition of our Privacy and Security Roundup, we share the details of the final rule’s two key measures including export restrictions and a new License Exception, provide an update on cyber incident reporting legislation, discuss modifications to the GLBA Safeguards Rule and much more. RECENT DEVELOPMENTS.

Privacy 40

Privacy Reporting Government Technology 40

LexBlog IP

APRIL 4, 2023

Of course, this rationale runs counter to a central tenet of ownership–namely, the owner’s right to exclude a competitor from using its IP. Andrei Iancu (2018 to 2021 under President Trump) and David Kappos (2009 to 2013 under President Obama) argue for preserving noncompetes for high level executives. In Amimon, Inc.

Confidentiality 40

Confidentiality Blogging Litigation Reporting 40