The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

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. Section 230.

Contracts 123

Contracts Publishing Licensing Editing 123

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 65

Ownership Licensing Copyright Fair Use 65

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

Kashishipr

FEBRUARY 16, 2022

Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. In contrast to IP assignments, which transfer the entire ownership of the IP asset, IP licensing provides only limited use. appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

Licensing 98

Licensing Business IP Ownership 98

CopyrightsWorld

MARCH 30, 2021

If you ask any professional working on digital marketing what is the most valuable online asset for a business, you’ll get pretty the same answer. The second one is to get ownership of their copyright, know their rights under the copyright laws and how to protect them. blog post, article, social post, etc.). Which ones?

Copyright 74

Copyright Ownership Intellectual Property Blogging 74

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?

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

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 79

Social Media Contracts Ownership Business 79

Kashishipr

FEBRUARY 23, 2022

Other than product sales data, component prices, customer details & records, market statistics, or supply chain info, a company owns commercially sensitive and confidential electronic pieces of information such as CAD drawings. There is an increasing value in the massive volumes of data accumulated over time in a company or firm.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

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

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

SpicyIP

MARCH 28, 2022

Her previous posts on the blog can be viewed here, here , here and here. Given their weak bargaining power, these authors had contracted away all their rights including rights to exploit their works in future technological mediums (like ringtones) and therefore could no longer stake a claim to the newly minted fortune.

Copyright 105

Copyright Publishing Music Contracts 105

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.

Contracts 104

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.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

JIPEL Copyright Blog

APRIL 15, 2022

Copyright owners tend to pursue legal recourse when a third party uses their work without permission in a way in which the owner is harmed – usually, in the form of reputational damage or market loss. However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation.

Music 52

Music Litigation Copyright Ownership 52

IPilogue

OCTOBER 7, 2022

The embedding of “smart contracts” in NFT sales allows for the automatic distribution of royalties – roughly 10% – anytime a change of ownership is requested on the blockchain. The study also found that the market continued to grow after the implementation of the resale right in 2006. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

Intepat

JUNE 19, 2023

It may be because the owner has enough capabilities for carrying out the marketing themselves, or does not have enough resources for entering into a partnership for the same or simply because the owner is hesitant to share their data with third parties. The ownership is not transferred.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

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. The post was first published on the COMMUNIA blog.

Copyright 122

Copyright Art Licensing Contracts 122

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

SpicyIP

MAY 18, 2022

Her previous posts on the blog can be viewed here, here , here , here and here. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. Aparajita is a lawyer based in Bangalore. Aparajita Lath.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

OCTOBER 19, 2021

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.

Licensing 88

Licensing Copyright Contracts Advertising 88

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). Some other 512(f) cases I’ve not previously blogged: * Paul Rudolph Foundation v. Diebold from 2004, which led to a $125k damages award.

Registration 111

Registration Fair Use Copyright Designs 111

Technology & Marketing Law Blog

JUNE 17, 2023

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. And this case is just beginning. –Doe 1 v.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. 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

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. 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

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. 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

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

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. This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content.

Artwork 98

Artwork Contracts Ownership IP 98

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.).

Blogging 85

Blogging Copyright Licensing Copyright Infringement 85

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.

Copying 74

Copying Ownership Derivative Work Contracts 74

IPilogue

MARCH 1, 2022

K: “I have had difficulty understanding longer contracts, especially when I was first starting out. I can only imagine the time it takes to catch these and comment to claim ownership and promote the book in which these graphics are published. What about with larger brands (i.e.,

Social Media 106

Social Media IP Business Branding 106

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

LexBlog IP

AUGUST 13, 2021

Under New York’s statutory prejudgment interest rules, an aggrieved party may recover prejudgment interest on a sum awarded because of a breach of contract or wrongful interference with title to, or possession or enjoyment of, property. [1] As previously reported on this blog , the Reif v. ” [2]. .” ” [10].

Artwork 52

Artwork Art Reporting Ownership 52

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 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.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Trading Secrets

DECEMBER 19, 2023

If you missed any sessions, recordings are available on our blog or through the provided links. Courts also continue to allow creative damage theories based upon avoided development costs or unjust enrichment even where there may only be disclosure rather than use or no competing market product embodying the misappropriated secrets.

Confidentiality 52

Confidentiality Litigation Business Law 52