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Types of Intellectual Property Contracts

Intepat

Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it.

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Prompt Authorship and Ownership: Clarifying Rights and Responsibilities

Intepat

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.

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If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. physical property), not intangibles.

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How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. Plaintiffs attach each of these licenses to the complaint.

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Web Page Framing Isn’t Trespass to Chattels–Best Carpet Values v. Google

Technology & Marketing Law Blog

My angst-filled blog post on that ruling. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. Instead of asserting copyright and trademark claims, they tried trespass to chattels.

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NFT Update:  5 Recent Lawsuits Show a Glimpse into Future Legal Battles Involving NFTs 

LexBlog IP

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”? Third, is Trump’s claim of ownership barred by 17 U.S.C. 105 , as a “work of the United States Government”? 105, as a “work of the United States Government”?

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