Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. The token goes onto the blockchain, indicating ownership rights and potentially royalty rights for future transfers of the NFT, but not the underlying digital asset. The NFT is a smart contract coded with the NFT. the Bored Ape or CryptoPunk).

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Non-Fungible Tokens Licensing Ownership Copying 97

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 240

Copyright Non-Fungible Tokens Technology Plagiarism 240

43(B)log

DECEMBER 6, 2023

The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Hy-Vee, Inc., 3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D.

Ownership 69

Ownership Contracts Copyright Registration 69

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

43(B)log

AUGUST 11, 2021

Twain thought he should have ownership of his lectures—“my lecture was my property.” Twain gave her a signed & inscribed copy after publication, which descendants donated to UMd decades back. It’s not clear that giving Cord’s estate ownership would be social justice, but that’s a question worth asking. Seems unlikely.

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Ownership Moral Rights Copyright Publishing 45

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., By using asymmetric cryptography it is secured that only the owner can transfer the access rights and that the access rights cannot be copied.) The process of creating a digital asset with a smart contract is called "minting". a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Kluwer Copyright Blog

DECEMBER 8, 2022

Current practice in scientific publishing requires copyright assignments or the issue of exclusive licenses by researcher-authors to publishers. National copyright contract rules imposing limitations on the licensing of copyright in future works may obstruct OA mandates. Legislative Initiatives. Recommendations.

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Copyright Ownership Journalism Publishing 107

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

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.

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Music Ownership Contracts Copyright 59

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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

LexBlog IP

FEBRUARY 21, 2022

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. On the Ethereum blockchain (where most NFTs exist) all NFTs must conform to the ERC721 smart contract standard.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. 3:22-cv-06823 – Whither transformative?

Litigation 98

Litigation Fair Use Copying Derivative Work 98

TorrentFreak

JANUARY 31, 2023

“The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. A copy of the agreement is offered as evidence and signed by Kumar. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff.

Copyright Infringement 80

Copyright Infringement Contracts Ownership Copyright 80

LexBlog IP

OCTOBER 24, 2022

Under typical Phase 1 contracts with the Department of Defense (DoD), such as the Air Force Research Lab (AFRL), default ownership of domestic and international intellectual property rights belong to the Contractor. The inventor of the invention and the corresponding contract number that the agreement was conceived under.

Intellectual Property 52

Intellectual Property Invention Contracts Patent Application 52

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].

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

TorrentFreak

JANUARY 31, 2023

“The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. A copy of the agreement is offered as evidence and signed by Kumar. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff.

Copyright Infringement 70

Copyright Infringement Contracts Ownership Copyright 70

LexBlog IP

AUGUST 31, 2021

Copyright ownership is often referred to as a “bundle of rights.” If you own a copyright and grant someone the right (a license ) to create derivative works based on your original work – the new, derivative work, will be its own artistic expression and have its own copyright.owned by the person you granted the license to.

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Derivative Work Artistic Work Licensing Ownership 40

Copyright Lately

MAY 7, 2021

Jeff Miller and Sasha Jenson—licensed rights to Warner without Duthie’s participation. It’s true that co-owners are required to account to each other for any profits earned from licensing or otherwise exploiting a copyright. But those claims won’t require the court to interpret the Copyright Act or any other federal principles.

Ownership 83

Ownership Copyright Copyright Law Television 83

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

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

FEBRUARY 29, 2024

They are seeking to establish that they have an ownership stake in both the copyrights and performers’ property rights in the tracks which the band recorded between 1966 and 1970, and that they are owed unpaid royalties from Sony as a result.

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Copyright Reporting Contracts Settlement 109

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

43(B)log

OCTOBER 12, 2022

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.”

False Advertising 59

False Advertising Advertising Advertising Ownership 59

JIPEL Copyright Blog

DECEMBER 1, 2021

LinkedIn sent a C&D letter, asking HiQ to stop accessing and copying the data based on the User Agreement. 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. 1030(a)(2).

Contracts 40

Contracts Licensing Copying Confidentiality 40

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.

Licensing 88

Licensing Copyright Contracts Advertising 88

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation. Obtain legal ownership verification. Even a tweet is protected as a literary work under copyright.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

Technology & Marketing Law Blog

MAY 2, 2022

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. Irreparable Harm / Balance of Equities : The court confirms that no viable alternative data sources exist for hiQ. Eric’s Comments.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

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Registration Fair Use Copyright Designs 111

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. 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.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. 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.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. 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.

Technology 52

Technology Patent IP Invention 52

Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

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Artwork Contracts Ownership IP 98

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