LexBlog IP

APRIL 24, 2023

Combine that “mastermind/dominant” author doctrine with the run of cases discussing ownership of software outputs (i.e., Copyright Office (the Office) when it comes to copyright ownership of artificial intelligence (AI) output. The Office has answered that question with a resounding “maybe.”

Ownership 64

Ownership Copyright Registration Public Domain 64

Nelligan Law

APRIL 22, 2024

In residential transactions, Halal financing typically involves structures such as Murabaha (cost-plus sale), Ijarah (leasing), Musharakah (partnership), and Istisna’a (manufacturing contracts). This includes agreements outlining the terms of financing, ownership arrangements, and dispute resolution mechanisms.

Due Diligence 88

Due Diligence Ownership Government Blogging 88

Erik K Pelton

JULY 14, 2022

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content.

Social Media 147

Social Media Copyright Cease and Desist Contracts 147

Biswajit Sarkar Copyright Blog

AUGUST 5, 2022

Thus, it can be concluded that authors of the original musical work, i.e. the composer, are the first owner of the copyright that is incorporated in a cinematographic film.

Music 52

Music Ownership Copyright Artistic Work 52

IP Tech Blog

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 57

Marketing Marketing Branding Brands 57

Technology & Marketing Law Blog

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. The next step is to determine whether ownership ever transferred to another party. Not a word on this from the appellate court.

Social Media 78

Social Media Ownership Designs Design 78

IPilogue

NOVEMBER 18, 2022

The termination of this seven-year partnership, most famously known for its development of the Yeezy sneakers, raises important questions about IP ownership when business collaborations collapse. Moral clauses hold contracting parties to a behavioural standard so as not to bring scandal to the other party.

Business 131

Business Contracts Branding Brands 131

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

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. We blogged this case twice before. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See

Social Media 97

Social Media Ownership Branding Brands 97

IPilogue

JUNE 23, 2022

This interesting case will likely become a battle over the terms of the contract with strong arguments on both sides. This term mirrors the contracts of most universities (like University of Toronto’s patent policy ) where professors are not the exclusive IP owners for independent work completed during employment.

Contracts 119

Contracts Designs Design IP 119

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

IIPRD

JANUARY 5, 2023

This blog major goals are to identify the different elements that make up a cinematographic film and then to analyse the present legal position regarding who is legally responsible for each of the specified elements. The aforementioned elements are those that are most frequently disputed when discussing copyright ownership.

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

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. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract. The terms of ownership and remuneration vary between platforms.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital. What is copyright protection?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

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

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 122

Contracts Publishing Licensing Editing 122

Nelligan Law

AUGUST 8, 2022

Nelligan Law is grateful for the contribution of articling student Sophie Ryder in writing this blog post. For example, a copyright will help keep your ownership over artistic creations (like songs or videos). This is different from a patent, which helps to protect inventions (like creating a new tool). Why is IP important?

Intellectual Property 75

Intellectual Property Invention Ownership Contracts 75

CopyrightsWorld

MARCH 30, 2021

The second one is to get ownership of their copyright, know their rights under the copyright laws and how to protect them. Recent studies reveal that there are over 5 billion blogs and 7 million blog posts are published every day! blog post, article, social post, etc.). What is original work? Obviously no. Work for Hire.

Copyright 74

Copyright Ownership Intellectual Property Blogging 74

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. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music 120

Music Contracts Ownership Licensing 120

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

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 64

Ownership Licensing Copyright Fair Use 64

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

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

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.

Inventor 106

Inventor IP Contracts Business 106

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

IPilogue

APRIL 20, 2022

However, Marvel had no right to unilaterally retain Spider-Man’s copyright unless Sony decided to terminate the contract—which seemed unlikely to happen. In 2015, Marvel and Sony made an unprecedented deal that the two companies would share joint-ownership in Spider-Man’s copyright. The film received praise from critics.

Contracts 106

Contracts Copyright Ownership Blogging 106

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?

Law 52

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.

Non-Fungible Tokens 111

Non-Fungible Tokens Art Moral Rights Copyright Infringement 111

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.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

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 103

Contracts Privacy Social Media Advertising 103

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

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

IPilogue

JANUARY 16, 2023

Proper strategy, governance, processes, policies and contracts are needed to ensure any IP creation resulting from the collaboration and any real upside potential can be shared with Alectra. University IP policies vary, but they all grapple with similar legal issues such as disclosure, use, ownership, commercialization, and revenue sharing.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

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

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

IPilogue

JUNE 1, 2022

Therefore, parties may clarify expectations on AI ownership and data-use procedures to engage relevant contract law protections. It is thus crucial to clarify a proper risk allocation to ensure the right party is liable for monitoring and acting on algorithmic issues as they appear.

Privacy 104

Privacy Social Media Ownership Business 104

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. It can be understood as renting out one’s intellectual property.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52