SpicyIP

SEPTEMBER 4, 2023

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Highlights of the Week Image from here Microsoft Corporation V.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

IP and Legal Filings

JANUARY 23, 2023

IP owners must plan and safeguard their unique creation from any prospective infringements because NFTs have a distinguishing trait. [ii] NFTs are governed by smart contracts, which divide ownership and limit transferability. i] It is possible to view NFTs technology as an original method of capitalising on intellectual property.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

43(B)log

AUGUST 11, 2022

A good moment to revisit the question now that there’s a renewed focus on IP and social justice/race and gender, and authorship in the context of AI. Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work.

Music 56

Music Copyright Ownership Derivative Work 56

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. First, NFT’s have enormous significance in the IP world. The post NFTs: New Frontiers for Trademarks appeared first on Global IP & Technology Law Blog.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

SpicyIP

MAY 23, 2024

She is interested in IPR, media, and tech laws and wants to pursue a career in IP and allied areas. One of the key features was recognition of the rights of authors of original literary, dramatic, artistic and musical work, used in derivative works. Her previous posts can be found here.

Music 59

Music Licensing Copyright Moral Rights 59

The IP Law Blog

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

43(B)log

FEBRUARY 4, 2023

Heated debate on countries about enforceability of IP judgments; kept out of int’l convention. Easier to get consensus on excluding those as representing national balancing; she thinks that the same should be true for IP. Contract instead of ©? Is the right to research getting an unwanted transplant? Micropayments?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

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. First, NFT’s have enormous significance in the IP world. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] 1] See Andy Warhol Found.

Licensing 52

Licensing Fair Use Copyright Derivative Work 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. If it had, it would have eliminated the distinctions between IP law and the law of chattels.

Licensing 89

Licensing Copyright Contracts Advertising 89

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

Kluwer Copyright Blog

FEBRUARY 22, 2022

Surprisingly, one of the areas where we have the most empirical evidence relating to copyright is in the industries where IP does not apply, or is not enforced: the so-called ‘negative spaces’ of IP, or low-IP areas. Finally, Thomas queries whether copyright or contract is the more apt regulator of online platforms.

Copyright 52

Copyright Public Domain Marketing Marketing 52

LexBlog IP

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 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. Author: Tanya Saraswat , in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.

Copyright 88

Copyright Public Domain Copying Publishing 88

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

LexBlog IP

JANUARY 10, 2024

But, in this space, headlines are usually a source of inspiration (so we can write about intellectual property issues that may interest more than just IP attorneys), and titles a bit of fun (so we can draw in those looking for a bit of lightness amid more serious legal analysis). ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52

43(B)log

FEBRUARY 4, 2023

Aman Gebru, Communal Authorship © does well with solo and team authored works, but not communally authorized works, which creates confusion and gets in the way of expression; some actors benefit unfairly, capturing value that isn’t theirs. Team-authored works: dramatic, musical, audiovisual. Derivative work?

Copyright 64

Copyright Editing Settlement Music 64