Traverse Legal Blog

JANUARY 29, 2022

One of the big problems with the NFT marketplace, where NFTs are both sold and purchased, is that the platform doesn’t provide any licensing language for the digital asset that the owner attaches to the NFT. “These platforms are not providing any license language for the actual asset attached to the NFT.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E.

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Blogging Contracts Copyright Law Copyright 90

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. the Bored Ape or CryptoPunk).

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Non-Fungible Tokens Licensing Ownership Copying 97

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. Copyright law is especially crucial in the entertainment sector for safeguarding movies, TV series, songs, screenplays, and literary works.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

JIPEL Copyright Blog

APRIL 23, 2021

To get around the tangle of copyright law. There are two types of copyright registrations available for music: composition rights, which can cover lyrics and sheet music, and sound recording rights, which cover the actual recording of the song. The label can then license the music and receive a portion of the royalties.

Copyright Law 45

Copyright Law Copyright Law Music 45

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). licenses for specific uses). However, it is only a first step towards making user’s rights a reality.

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Copyright Art Licensing Contracts 122

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive.

Copyright 228

Copyright Non-Fungible Tokens Technology Plagiarism 228

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

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Contracts Designs Design Copyright Law 62

Technology & Marketing Law Blog

JUNE 2, 2022

Even so, the court’s almost-banal treatment of this super-interesting topic suggests that there may not be much tattoo exceptionalism in copyright law. “Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” Background. Nature of the Work. Amount Used.

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Copyright Social Media Fair Use Licensing 142

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Although privacy invasion has been the main topic of discussion in this virtual context, there is another issue at hand: copyright infringement. The rights of speakers, organisers, and participants under Indian copyright law will be discussed in this Article, which will explore copyright concerns connected to webinars.

Fair Use 52

Fair Use Ownership Copyright Licensing 52

Velocity of Content

MARCH 16, 2023

I have often felt, however, that these issues were a bit of a misdirection, with at least part of the tech community treating the copyright community like dogs distracted by squirrels. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law.

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Litigation Fair Use Copying Derivative Work 98

IP and Legal Filings

JULY 21, 2022

Among the other solutions, the most easy and feasible way to come out of the problem of unavailability and unaffordability was to start copying the books, study materials, and video lectures with the help of different mechanisms. If copyright protection is applied rigidly, it will hamper progress of the society.

Copyright 84

Copyright Licensing Higher Education Copying 84

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Current EU copyright framework.

Copyright 107

Copyright Ownership Journalism Publishing 107

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 82

Artwork Contracts False Advertising Art 82

Intepat

JUNE 15, 2023

It is essential to note that software copyright extends against extracting unauthorized copies and adaptations but the same does not prevent another person from writing a code with the same effect or the development of alternate solutions to achieve the same outcome. Who owns the copyright?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Copyright Lately

APRIL 6, 2024

Yonay’s widow and son launched the legal action in June 2022 after Paramount Pictures released the blockbuster sequel Top Gun: Maverick without renegotiating a license to adapt Yonay’s “Top Guns” article, despite a 2018 copyright termination notice served by his heirs. As always, I’d love to know what you think.

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Copyright Copyright Infringement Social Media Licensing 93

Kluwer Copyright Blog

JULY 14, 2023

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 3. Proposal 5.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Technology & Marketing Law Blog

AUGUST 12, 2021

Under the Copyright Act, display. means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.”. But isn’t all of copyright law form over substance?

Social Media 140

Social Media Copyright Fair Use Licensing 140

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. copyright law. When Baker described outliving her contracts, she was referring to her right of reversion , which lets her reclaim her copyright after 35 years.

Music 59

Music Ownership Contracts Copyright 59

Copyright Lately

MAY 7, 2021

Jeff Miller and Sasha Jenson—licensed rights to Warner without Duthie’s participation. As Warner points out, just because a lawsuit may involve a copyrighted work, this doesn’t mean that it necessarily arises under the Copyright Act. Accounting Claims Between Copyright Co-Owners Don’t Arise Under Copyright Law.

Ownership 83

Ownership Copyright Copyright Law Television 83

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art.

Copyright 52

Copyright Law Copyright Law Contracts 52

Kluwer Copyright Blog

MARCH 14, 2024

Part I covers decisions in the areas of copyright protection and exploitation rights, as well as exceptions and limitations. Part II will focus on copyright contract law and claims under copyright law. I. Copyright protection 1. This implements Article 5(3)(e) of the InfoSoc Directive.

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Law Music Copyright Art 64

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

SpicyIP

OCTOBER 28, 2022

While pleadings are not uploaded online by the Delhi High Court, Entrackr has obtained copies of the pleadings and has discussed some of the key facts and arguments here. Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books.

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Copyright Copyright Infringement Fair Use Licensing 126

The IPKat

FEBRUARY 3, 2023

It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law. On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe.

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Government Related Rights Copyright Law 141

Technology & Marketing Law Blog

OCTOBER 19, 2021

With respect to copyright, the court says: “Plaintiffs do not rely on copyright protection for their websites in pleading their claim…Plaintiffs are not asserting infringement of any right to the reproduction, performance, distribution, or display of their websites. We need to know more about this license.

Licensing 88

Licensing Copyright Contracts Advertising 88

Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person authorises the use of the space for the transmission, sale, distribution, or display of an unauthorised work unless they know or have good reason to suspect that doing so will result in a copyright violation. The Purpose of copyright. How to prevent copyright infringement. Do not copy anything.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

JIPEL Copyright Blog

MARCH 29, 2022

In effect, the rights acquired by the buyer of the NFT are more akin to a license to a unique copy of the content including things like the right to use, display or transfer the content but may or may not contain the right to commercially benefit from it.

IP 40

IP Non-Fungible Tokens Ownership Copyright Infringement 40

Technology & Marketing Law Blog

NOVEMBER 30, 2022

According to Defendants’ policies, Defendants reserve the right “to remove or block access to, either permanently or temporarily, any files which [Defendants] suspect[ ] or which a third party alleges are associated with a violation of the law[.]”. Some lowlights from the opinion: Direct infringement.

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Copyright Advertising Advertising Copyright Infringement 126

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The bill tackles issues such as equitable remuneration for streaming, contract adjustment, right of revocation and transparency.

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Copyright Law Copyright Law Reporting 116

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Claims under copyright law. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IIPRD

AUGUST 4, 2022

There are several reasons why intellectual property (IP) may be particularly helpful in this digital age, including: Avoid having your original material copied. Social media influencers sign contracts with businesses to promote their products by providing original content for such brands. Obtain legal ownership verification.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

Kluwer Copyright Blog

JUNE 20, 2023

In this part II we discuss two additional aspects, with a focus on UK copyright law and the EU copyright acquis. The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law.

Artwork 98

Artwork Contracts Ownership IP 98

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

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Copying Ownership Derivative Work Contracts 74

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Complaint at 2. 22-cv-7074-JST, ECF No.

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Blogging Licensing Privacy Copyright Notice 127

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. Under EU Law, the most significant developments were introduced by articles 3 and 4 CDSMD, and its national implementations. There also seems to be a lack of clarity about which uses are allowed under the licenses. Pexels and Pixabay).

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Publishing Art Licensing Copying 98