Technology & Marketing Law Blog

MAY 27, 2023

The court says: “whether YouTube has a license for a particular work will be a matter of intense inquiry at trial.” The opinion explains how the named plaintiff Schneider didn’t understand her own chain of ownership. YouTube appeared first on Technology & Marketing Law Blog.

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Ownership Licensing Copyright Fair Use 65

IIPRD

FEBRUARY 6, 2024

It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Any contract should therefore include language that ensures the influencer will comply with the applicable disclosure requirements.

Marketing 52

Marketing Marketing Contracts Branding 52

IPilogue

JUNE 14, 2022

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.

Music 120

Music Contracts Ownership Licensing 120

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.

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Copyright Art Licensing Contracts 122

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

Kashishipr

FEBRUARY 23, 2022

In times past, IP Protection was primarily based on retaining the knowledge possessed by people within a team by using mechanisms like contracts and agreements to prevent employees from leaving the company and joining the competitors in the market. Licensing In & Licensing Out IP Assets As Per Needs & Opportunities.

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Intellectual Property IP Licensing Technology 119

LexBlog IP

FEBRUARY 21, 2022

Throughout this blog I present this issue through a legal lens, offering guidance and possible solutions to the industry. To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting. What is an NFT?

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Ownership Art Artwork Non-Fungible Tokens 52

Technology & Marketing Law Blog

JANUARY 25, 2023

Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

Copyright 124

Copyright Fair Use Licensing Ownership 124

Intepat

JUNE 15, 2023

Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. Copyright for these packages cannot be assigned to the app developer and the software thus developed should also operate within the terms of the license for their use.

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Copyright Intellectual Property Ownership Intellectual Property Law 52

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. ” Implications.

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Contracts Publishing Licensing Editing 123

Intepat

MAY 17, 2024

Contracts should clearly state who owns the rights to the prompts. This includes specifying whether the creator of the prompts, i.e. the prompt engineers, retains ownership or if the rights are transferred to another party, such as the employer or clients, as the case may be. exclusive vs. non-exclusive rights).

Ownership 52

Ownership Confidentiality Contracts Copyright 52

IPilogue

OCTOBER 13, 2021

Through Twitter, she expressed that she had outlived all her recording contracts and that her master recordings should legally belong to her. Ownership of masters within the music industry has become a contentious and popular matter, particularly after Taylor Swift’s legal battle resulted in her re-recording her greatest hits.

Music 59

Music Ownership Contracts Copyright 59

IPilogue

JANUARY 26, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. I also updated a “Document Log” for the legal team, which is a record of contracts that have IP-related provisions. David Park is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School.

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Inventor IP Contracts Business 106

Intepat

JUNE 19, 2023

Keeping Records – Records form a valuable source when drafting patent applications and keeping records of one’s inventions help in proving the date and ownership of the said invention if and when needed. The ownership is not transferred. Licensing of patents is more complex owing to the technical information involved.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Nelligan Law

MARCH 6, 2023

Reading Time: 2 minutes Introduction One of the joys of home ownership is being able to modify and alter the structure, layout, and furnishings within your home. The most important factor in if you can sue your contractor is the contract you have to complete the renovation with the contractor. What are damages?

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Law Contracts Litigation Ownership 52

IPilogue

NOVEMBER 30, 2021

In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. The sale of an NFT also includes a smart contract. Given this situation, Ratajkowski’s NFT auction was, as Ratajkowski explains it, an opportunity to reclaim ownership over her photo.

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Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

IPilogue

AUGUST 16, 2022

Generally, a photographic syndication agency holds contractual agreements with various photographers to sell and license their photos for commercial and/or editorial use. in damages, which is the total license fee for the photos. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link].

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Copyright Infringement Copyright Registration Social Media 104

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.

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Social Media Contracts Ownership Business 79

Technology & Marketing Law Blog

JUNE 9, 2022

This blog post will show how data snarfers vex the courts and expose unfortunate gaps in existing legal doctrines. * * *. Penal Code § 502); (5) intentional interference with Meta’s contracts with its users; and (6) violation of the “unlawful,” “unfair,” and “fraudulent” prongs of the UCL. ” Oof.

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Contracts Privacy Social Media Advertising 104

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles.

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Cease and Desist Contracts Privacy Business 110

IPilogue

OCTOBER 25, 2022

Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law. Exceptions to international IP standards, enforcing mandatory licensing provisions, or speaking about “access” as the primary measure of equality may no longer be enough. Professor Ruth L.

Intellectual Property 111

Intellectual Property IP Patent Troll Technology 111

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 88

Licensing Copyright Contracts Advertising 88

JIPEL Copyright Blog

DECEMBER 1, 2021

This blog will delve into the reasoning of Van Buren and predict the final decision of HiQ v. Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly. LinkedIn , 938 F.3d

Contracts 40

Contracts Licensing Copying Confidentiality 40

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2. Complaint at 31.

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Blogging Licensing Privacy Copyright Notice 127

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

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. A New 512(f) Plaintiff Win!

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Registration Fair Use Copyright Designs 111

Intepat

MAY 16, 2024

Through immutable record-keeping and smart contracts, blockchain provides a secure and transparent platform for managing IP rights, facilitating collaboration, reducing disputes, and unlocking new opportunities for innovation and monetization.

IP 52

IP Intellectual Property Ownership Contracts 52

Technology & Marketing Law Blog

JULY 25, 2022

In a previous blog post , I criticized the Second Circuit’s ruling as inherently self-contradictory. My previous blog post contains detailed information about the Copyright Act’s three-year statute of limitations [ 17 U.S.C. § If it’s still unclear, go back and read my previous blog post on Sohm for a more detailed explanation.).

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Blogging Copyright Licensing Copyright Infringement 85

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. These contracts can be used for establishing and enforcing IP agreements like licenses and permit payment transfers in real-time to the IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. These contracts can be used for establishing and enforcing IP agreements like licenses and permit payment transfers in real-time to the IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. These contracts can be used for establishing and enforcing IP agreements like licenses and permit payment transfers in real-time to the IP owners.

Technology 52

Technology Patent IP Invention 52

Kluwer Copyright Blog

JUNE 20, 2023

Image by Tumisu via Pixabay Part I of this blog introduced the first of three ambiguities NFT purchasers may face. Such resales of works of art taking place in tandem with NFT undertakings may generate the resale right, presupposing that on-chain NFT ownership and off-chain artwork ownership are aligned.

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Artwork Contracts Ownership IP 98

Technology & Marketing Law Blog

JANUARY 12, 2024

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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Copying Ownership Derivative Work Contracts 74

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

Kashishipr

AUGUST 10, 2022

Where an individual or an entity attempts to infringe upon your IP assets or contests your ownership, he can offer valuable guidance and support throughout the evidence gathering and litigation process. Blockchain technology allows for a guarded and secured chain of evidence for IP ownership. The Use of Smart Contracts.

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Intellectual Property Ownership Contracts IP 52

LexBlog IP

APRIL 13, 2022

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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Non-Fungible Tokens Social Media Contracts Branding 52