Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ).

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Contracts Law Copyright Intellectual Property 52

IP Watchdog

JULY 2, 2022

Can something called a “Bored Ape” be embodied in a non-fungible token (NFT) and be associated with smart contracts? How could this present unique and challenging issues regarding copyright law? It also raised awareness to copyright issues that are yet to be fully resolved.

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Non-Fungible Tokens Contracts Copyright Copyright Law 111

Kluwer Copyright Blog

OCTOBER 17, 2022

The online exploitation of content protected by copyright inherently entails cross-border aspects. Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. 167(1) Belgian Code on Economic Law ) or validity (see e.g. Article 2(3) Dutch Copyright Act ). Introduction.

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Contracts Law Copyright Moral Rights 52

IPilogue

APRIL 5, 2022

Samantha Melhado is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. With a SOCAN license, businesses comply with copyright laws and may play songs that are part of SOCAN’s repertoire while supporting the creators of that music. Surprisingly, I dabbled in quite a few non-copyright specific projects.

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Music Copyright IP Contracts 119

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

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Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. German copyright law stipulates that the author is entitled to appropriate remuneration for every use of their work (Section 32 UrhG). These provisions served as, among other things, models for Articles 18 and 20 in the new DSM Copyright Directive (2019/790).

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Contracts Copyright Law Cease and Desist 98

The IPKat

DECEMBER 16, 2021

It’s December and time for what is now an annual ritual for this Africa Correspondent – The Africa IP Highlights! The Africa IP Highlights is an initiative of this Kat and is a series of posts put together to highlight some of the key developments in IP in Africa each year.

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Copyright IP Ownership Copyright Infringement 89

The IPKat

AUGUST 31, 2022

The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King's College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. Here's what Marianna writes: Ownership of IP rights by DAOs – the future is nigh?

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The IPKat

JUNE 29, 2022

Back in 2021, the UK IPO undertook a consultation on AI and IP covering: copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI. Copyright protection for computer-generated works (CGWs) without a human author. It focused on three questions: 1.

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IP and Legal Filings

FEBRUARY 9, 2023

Introduction The copyright covers a vast domain of subject matters such as literacy, drama, music, artistic, cinematographic, and sound recordings. The act lays provision for accessibility of such copyrighted work to people with disability, such as blind, visually impaired, etc but does not lays any such guidance over the procedure.

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Copyright Contracts Copying Licensing 78

IP Watchdog

JUNE 26, 2023

Supreme Court denied the petitions for certiorari in a number of IP cases today, including three the U.S. Solicitor General had recommended rejecting. In Genius v. Google, ML Genius Holdings (Genius) attempted to sue Google for posting song lyrics from its website in Google search results.

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IP Law 360

APRIL 15, 2024

A photographer has added several new claims, including breach of contract, to his copyright lawsuit that accuses the Detroit Lions, the NFL and a host of other defendants of unlawfully using his photo to create a statue of legendary running back Barry Sanders.

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Copyright Contracts 59

The IPKat

JANUARY 13, 2022

Julia Hugendubel, describes recent developments concerning tokenization of IP rights to manage IP. Interest in blockchain technology, tokens, and IP, continues apace. Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e.,

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Intellectual Property Non-Fungible Tokens IP Contracts 97

SpicyIP

JUNE 19, 2023

Image generated at [link] | image seed – 1322410509329700 While the Indian IP landscape continues to grow at a breakneck speed, it’s “interesting” to see how little of any discussion is rooted in facts and figures. We will be starting with Indian Copyright history and will be taking a tiered approach.

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IP Copyright Publishing Intellectual Property 104

IP and Legal Filings

OCTOBER 14, 2022

Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

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Contracts Business Technology Law 52

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. Genius sued Google for breach of contract over music transcriptions.

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Copyright Trademark Fair Use Contracts 97

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Although these rights are doomed to create conflicts with copyright, neighbouring rights and the sui generis right in databases, their relation to IP has largely remained unaddressed for now. Second, what do portability rights mean for IP? In both parts, the impact on IP is highlighted. © Simon Geiregat 2022.

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IP Contracts Social Media Copying 94

IP Watchdog

DECEMBER 12, 2022

Supreme Court today invited the Solicitor General’s views in a copyright case that asks the High Court to grant a petition on the question of whether the Copyright Act’s preemption clause allows a business “to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content?”

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

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Reporting Non-Fungible Tokens IP Intellectual Property 52

The IPKat

FEBRUARY 17, 2022

Can a work entirely created by a machine be protected by copyright? In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim. In 2019, the Copyright Office rejected the application, holding that human authorship is necessary to support a copyright claim.

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Copyright Artistic Work Copyright Law Contracts 145

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

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IP Copyright Trademark Intellectual Property 124

JD Supra Law

OCTOBER 17, 2022

Effective management of intellectual property is crucial in the contracting stages of technology projects. For example, copyright protection, patent protection, and know-how (trade secrets) are all subject to different rules when it comes to contracting. By: Morgan Lewis - Tech & Sourcing

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The IPKat

DECEMBER 14, 2022

Leif Zierz describes in the foreword, that “this book illustrates how IP protection – especially in the early stages of a business – helps to create both competitive advantages for start-ups and security for institutional investors and investment firms.” Remember you can vote for your favourite IP book of the year, details here.

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IP Intellectual Property Editing Contracts 91

IP and Legal Filings

JANUARY 23, 2023

Copyrights safeguard the artists’ rights in the inventive and imaginative content that abounds in digital media. Image Sources : Gettyimages] One of the important issues in online is copyrights. One such area where copyright violations are common is the internet. These advantages can be made profitable for the owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 77

The IPKat

OCTOBER 31, 2021

One Katnews leads to another, especially if IP-related. Let’s see what happening in the IP blogosphere this week:- Trade Marks Online trade channels have become a substantial aspect of many brand owners’ business. including the ownership of IP thus created.

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Blogging IP Ownership Branding 111

Dear Rich IP Blog

JANUARY 30, 2023

Is there a contract template for this scenario? Below is a sample agreement that's based on our downloadable work-for-hire contract on our Crafts Law website. copyright law. We want to pay this person a one-time, flat fee to do this work, and they wouldn't retain future royalties or intellectual property of the work.

Contracts 52

Contracts Intellectual Property Art Government 52

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

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Contracts Business Confidentiality Privacy 52

Biswajit Sarkar Copyright Blog

DECEMBER 6, 2022

Not only can it assist the creators or owners of IP, but it can also help IP offices keep a secure record of the IP applications and assignments. Blockchain offers IP offices an effective method of recording and registering IP rights including keeping a record of the first date of application of a trademark, first use etc.

IP 52

IP Contracts Ownership Intellectual Property 52

The IPKat

DECEMBER 5, 2021

The Government of Hong Kong has released a public consultation paper on updating Hong Kong’s copyright regime on 24 November 2021. Basic Background to the Existing Copyright Regime To those who are not familiar with the laws of Hong Kong, copyright is governed by the Copyright Ordinance (Cap. 528) (“ the Ordinance ”).

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Copyright Government Reporting Copyright Infringement 122

The IPKat

NOVEMBER 29, 2021

Let’s see what the other IP blogs have been up to this week:- Trade Marks “Metaverse” has become centre stage after Facebook announced that it had changed its company name to “Meta”. Thanksgiving just gets this Kat all warm and tingly and all kinds of wonderful inside. It will be interesting to see how the case progresses.

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Blogging IP Contracts Reporting 76

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. After compiling a list of those IP assets, the next step would be to review what the company is using and compare that to the list of registered or pending IP.

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IP Intellectual Property Social Media Cease and Desist 98

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.

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Artwork Contracts Ownership IP 98

McBayer IP Blog

DECEMBER 13, 2021

Posted In contract , copyright , Intellectual Property It’s likely that you’ve heard about pop star Taylor Swift re-recording her old albums. More > Tags: Copyright , Intellectual Property , masters rights , music , music copyright , performance rights , recording contract , works for hire.

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Music Copyright Law Copyright Intellectual Property 105

The IP Law Blog

SEPTEMBER 16, 2021

There is no reference to assets or material protected by copyright. The allegedly infringed artwork had registered with the United States Copyright Office prior to the creation by the league of the Gull logo and the allegedly infringed logo and the acquired logo appeared to be exactly the same. There are a few takeaways from this case.

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Social Media IP Intellectual Property Artwork 98

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. UKIPO, Consultation on AI and IP. European Parliament, Resolution on an IP action plan. Photo by Markus Spiske on Unsplash. We reported on this here.

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Kluwer Copyright Blog

JANUARY 9, 2023

As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2023 to all of our readers, as well as reflect on developments in copyright over the past year. YouTube’s first Copyright Transparency Report 2021 – A step towards “factfulness” by Jan Bernd Nordemann. Since then, courts in the U.S.

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Copyright Blogging Fair Use Reporting 95

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. ML Genius v.

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