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

JIPEL Copyright Blog

MARCH 9, 2022

For instance, AR could be designed to allow a visitor to access additional information about a particular piece of work, while VR could enable individuals who are unable to physically visit a museum to peruse its collections from the comfort of their own homes, at their own pace.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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

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

Kluwer Copyright Blog

FEBRUARY 22, 2022

Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions. Finally, Thomas queries whether copyright or contract is the more apt regulator of online platforms.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

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. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. At first, I was shocked by this conclusion since it seems obviously wrong.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

LexBlog IP

JUNE 7, 2023

The court found that the plaintiffs sufficiently identified the “contractual obligations allegedly breached,” as required to plead a breach of contract claim, and thus rejected defendants’ motion to dismiss these claims.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

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

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. It was written with a distinct style and message. The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists.

Copyright 85

Copyright Public Domain Copying Publishing 85

Copyright Lately

OCTOBER 25, 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. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

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

Technology & Marketing Law Blog

FEBRUARY 13, 2023

There is no defined segregation, either by design or by implication of any of plaintiff’s expressions of his thoughts and opinions on the subjects discussed which would aid in identifying plaintiff’s purported copyrighted material.

Copyright 118

Copyright Blogging Publishing Fair Use 118

LexBlog IP

JANUARY 10, 2024

Still, it seems strange that Woodward, a reporter, would argue that the interviews are somehow government works. It is strange because that would mean that the unpublished portions would also be government works available for public use. As Professors Post and Rothman described it (at 106 and fn.

Ownership 52

Ownership Copyright Government Intellectual Property 52