LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. Below are my thoughts on what is interesting about these cases.

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Litigation Fair Use Copying Derivative Work 98

IP Tech Blog

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. But rights holders must be prepared.

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Intellectual Property Due Diligence Ownership IP 113

Plagiarism Today

OCTOBER 4, 2022

Last week, Moss summarized the history of the case in an article that is well worth reading. However, the important thing to know is that there was no doubt that Take-Two did copy the tattoos in question and there was no question of Alexander’s ownership of them. There’s surprisingly little copyright litigation in the tattoo space.

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Copyright Fair Use Licensing Copyright Infringement 203

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. Inventorship in the US is a critical component of patent ownership. One joint inventor cannot stop another from independently selling, conveying, assigning, or licensing the patent. In Europe, Article 123(2) EPC sets very strict requirements for amendments to patent applications.

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Patent Prosecution Invention Inventor Patent 75

LexBlog IP

APRIL 13, 2022

If so, you should consider the caveats and points highlighted in this brief article before finalizing your license or purchase. You may not get everything you think you’re entitled to get, and you may even be unknowingly exposing yourself and your company to costly litigation and unexpected competitors.

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IP Due Diligence Ownership Licensing 52

IPilogue

JUNE 14, 2022

This article was written as a requirement for Prof. Swift, in deciding to re-record her albums, ensured that her new (Taylor’s) versions gave her all three types of intellectual property right over her catalogue, guaranteeing full ownership. Pina D’Agostino’s Directed Reading: IP Innovation Program course.

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Music Contracts Ownership Licensing 120

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. 19 Ancillary technologies have likewise seen a spike in patent litigation activity in recent years, including charging technologies and battery control systems (e.g.,

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Intellectual Property Technology Journalism IP 52

LexBlog IP

FEBRUARY 15, 2023

licensing, assignment, JVs, cooperation and co-development etc.) If a secret is stolen, or the ownership or its proper apportionment are disputed, or if a third party is trying to copy software containing AI algorithms, the right holders must not shy away from taking proper enforcement measures. But rights holders must be prepared.

Intellectual Property 52

Intellectual Property Due Diligence Ownership IP 52

Kashishipr

AUGUST 10, 2022

For instance, if you want to prove the creation of your article, i.e., your copyright, on the blockchain, the technology would not store your actual article. Blockchain technology allows for a guarded and secured chain of evidence for IP ownership. You can reach out to us for the same at kashishipr@kashishipr.com !

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Intellectual Property Ownership Contracts IP 52

Kluwer Copyright Blog

MAY 9, 2023

In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive. Articles 3 and 4 CDSM Directive then contain two TDM-related mandatory exceptions.

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Copyright Fair Use Copyright Law Law 137

The IPKat

NOVEMBER 22, 2021

Who receives the credit and the licensing rights? McDonagh discusses the emergence of the author figure as the owner of a dramatic work by analysis of authorship and ownership of plays from the Elizabethan period up to the early twentieth century. The book addresses questions of whom is the author and first owner of a dramatic work?

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Copyright Law Moral Rights Copyright Law 145

Biswajit Sarkar Copyright Blog

MAY 30, 2022

In this article we understand the relationship between NFTs and copyright. For instance, a seller could offer to turn the token into an actual transfer of copyright ownership of the original work. In another story, an NFT of collage works by digital artist Beeple was sold to a crypto entrepreneur for a whopping $70 million.

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Non-Fungible Tokens Copyright Ownership Social Media 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Third, is Trump’s claim of ownership barred by 17 U.S.C. The Falwell court was on solid ground in denying relief on the grounds of an implied license.

Copyright 120

Copyright Blogging Publishing Fair Use 120

Kluwer Copyright Blog

OCTOBER 17, 2023

These litigations might have convinced the European legislator to deal with the issue in the proposal for a regulation laying down harmonized rules on Artificial Intelligence (‘ Artificial Intelligence Act’ or ‘AIA’), recently introducing a provision to address the issue of transparency with regard to the works used in the machine learning process.

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Copyright Art Copyright Law Licensing 123

Kashishipr

MARCH 2, 2022

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. You may see your trademark rights getting diluted and possibly canceled through litigation. Bottom Line.

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Registering Trademarks Trademark Registration Trademark Law 105

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft. However, Windows 2.0

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

LexBlog IP

NOVEMBER 2, 2023

Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. Commercial Use: AI technologies are widely used for content generation, such as automated news articles or product descriptions.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. Commercial Use: AI technologies are widely used for content generation, such as automated news articles or product descriptions.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. Commercial Use: AI technologies are widely used for content generation, such as automated news articles or product descriptions.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

JUNE 20, 2023

For example, the agency cannot require Article III standing for an AIA petition (rejected in legislative history), give deference to previous reexaminations/decisions of the courts (explicitly addressed in AIA estoppel statutes), or foreclose otherwise viable agency options by forced stipulations (explicitly addressed in various AIA statutes).

Litigation 52

Litigation Ownership Patent Inventor 52

Technology & Marketing Law Blog

MAY 17, 2022

This knocks out the pre-litigation negotiation requirement, the TOS’s protective provisions, the TOS’s disclosures, the TOS’s licenses (which nukes Roblox’s defense to a conversion claim), and more. As a result, the TOS fails. ” Implications.

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Contracts Publishing Licensing Editing 124

SpicyIP

AUGUST 15, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? They highlight that this failure is typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs.

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Licensing Government Reporting Patent Law 83

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. Was it a license on the world’s greatest terms?

Music 102

Music Derivative Work Fair Use Cease and Desist 102

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? We need to know more about this license. WhenU concluded that trademarks was a dead-end. ” Wait, what? Trespass to Chattels.

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Licensing Copyright Contracts Advertising 89

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Musicology articles talk about copying all the time.

Music 52

Music Art Copying Licensing 52

SpicyIP

MAY 23, 2022

Akshat is a lawyer currently litigating at the Patna and Delhi High Courts. Permissible uses under Section 52 find their genesis under Article 19 of the Constitution of India. What’s to stop an empty claim of ownership, to threaten and rescind legitimate uses, merely due to the possibility of them being potential licensing revenue?

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Copyright Ownership Copyright Infringement Law 137

IPilogue

JANUARY 14, 2022

This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor). This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021.

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IP Copyright Infringement Inventor Intellectual Property 106

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

This article details the authors’ study of Section 285 attorney fees awards against patentees from 2017 through 2022 and describes two potential reform efforts toward ensuring that prevailing parties receive Section 285 fee awards. Read the full article at Law360. But is that policy rationale truly being achieved?

Patent 52

Patent Litigation Patent Infringement Inventor 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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IP Intellectual Property Copyright Trademark 143

IP Tech Blog

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. The author thanks Andrew Yu-Chih for his contributions to this article.

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Fair Use Cease and Desist Social Media Art 62

LexBlog IP

APRIL 24, 2023

Exclude PGR from discretionary denial based on parallel litigation? That said, if you are trying to argue district court litigation is better for patent policy than the PTAB, you should put all of your cards on the table. Fintiv as modified by the Director Memo of June 2022. Separate briefing where 314(a) is in dispute makes sense.

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LexBlog IP

JULY 18, 2023

It was trained on a loosely vetted assortment of websites, articles, and books. At least one judge has defined the boundaries for litigants appearing in his court. For example, photo licensing company Getty Images filed suit in the Northern District of California against AI company Stability AI Inc. To wipe us out?

Business 52

Business Law Reporting Music 52

IP Tech Blog

JULY 18, 2023

It was trained on a loosely vetted assortment of websites, articles, and books. At least one judge has defined the boundaries for litigants appearing in his court. For example, photo licensing company Getty Images filed suit in the Northern District of California against AI company Stability AI Inc. To wipe us out?

Business 52

Business Law Social Media Reporting 52

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

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IP Copyright Trademark Intellectual Property 124

LexBlog IP

APRIL 4, 2023

Here are last month’s noteworthy cases, article and posts, as well as a few other cases that I didn’t have room for in last month’s wrap up post: Noteworthy Defend Trade Secret Act and Other Federal Cases, Posts and Articles: Can an employee be prohibited from communicating with his/her new employer’s lawyers?

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