LexBlog IP

SEPTEMBER 28, 2023

Unlike traditional proprietary software, SaaS or PaaS business models where license terms can often be renegotiated or amended in subsequent contract cycles, open-source licensing is far less forgiving of afterthoughts. 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

Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts. Copyright Protection for Legal Documents.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

TorrentFreak

MAY 17, 2022

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service. Copyright Law and DRM.

Copying 116

Copying Social Media Licensing Technology 116

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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.

Licensing 88

Licensing Copyright Contracts Advertising 88

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

Non-Fungible Tokens 75

Non-Fungible Tokens Copyright Intellectual Property Ownership 75

Technology & Marketing Law Blog

JUNE 17, 2023

But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here. At first, I was shocked by this conclusion since it seems obviously wrong. Plaintiffs attach each of these licenses to the complaint. And this case is just beginning. –Doe 1 v.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Copyright Lately

OCTOBER 25, 2021

The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 2021. ” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. It’s Halloween time again!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. Both businesses offer their subscribers free directories, and they both profit from the yellow page adverts. It was written with a distinct style and message.

Copyright 85

Copyright Public Domain Copying Publishing 85

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Coakley’s threats prompted Wagging Tails—successor to Virtuoso and affiliated with Harvey Berger—to file its breach of contract and copyright infringement lawsuit against Coakley in federal court in Los Angeles.

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

43(B)log

AUGUST 11, 2022

Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. In UK/Canada, joint ownership rules allow us to say “no derivative works without all of us agreeing.” Benefits: it’s about copyright, not contract, law.

Music 56

Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Likewise, paragraph 47 of Trump’s complaint specifically alleges “President Trump never sought to create a work of joint authorship, and in the hours of the Interviews, there is neither allusion to nor confirmation of such.” 1367(a) ] or diversity of citizenship [ 28 U.S.C. Trump is a resident of Florida, Woodward is a resident of D.C.,

Copyright 118

Copyright Blogging Publishing Fair Use 118